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2019 (2) TMI 233 - AT - Income TaxAddition made on account of gift - Gift received by the assessee from his brother-in-law - claim of exemption u/s 56 - Held that:- As donor starting from PAN number, capital gain statement, bank statement and others is annexed to the paper book, which was duly placed before the authorities below. It appears that when Shri Narottam Sekhkaria was not brought to the AO by the assessee no further enquiry was conducted by him, no record against the assessee was also brought. The creditworthiness and/or genuineness of the transaction though doubted by the AO, the same has not been proved by any cogent document in favour of the revenue. AO acted beyond his jurisdiction by raising doubts regarding the relationship of the assessee and the donor ignoring the statutory provision in this regard as already been highlighted by the assessee before him in his written reply dated 04.02.2015. Without rebutting the submission made by the assessee the order of addition was made by the AO. Whether the gift so received by the assessee from his brother-in-law is exempted from tax under section 56 of the Act has been considered on a wrong notion. Instead of relative as provided by the statute “blood relative” has been considered by the Learned AO and as a result whereof addition was made which is absolutely erroneous as rightly pointed out by the Learned CIT(A) as it reflects from the order impugned. Thus, in the absence of any infirmity in the order passed by the Learned CIT(A) we decline to interfere with the same. Hence, the Revenue’s appeal is dismissed.
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