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2019 (10) TMI 904 - AT - Income TaxAddition on account of gift received from assessee’s brother - HELD THAT:- Assessee has discharged his burden casted upon him that the gift received by him is a genuine gift. If at all, the Assessing Officer has any doubt about the gift transaction, he ought to have made a detailed enquiry and to prove that the gift received by the assessee is not a genuine gift. In this case, no such exercise has been done by the AO. AO has failed to prove the gift received by the assessee is not a genuine gift and simply addition is made, the same is confirmed by the ld. CIT(A). Gift received by the assessee cannot be considered as not genuine gift. The assessee has proved the identity of the parties, creditworthiness of the donor and genuineness, therefore, the assessee has discharged burden casted upon him. It is further observed that no occasion is required to receive the gift by the assessee from his brother-Shri V.Bala Sudhakar. Therefore, the Assessing Officer is not correct in denying the gift received by the assessee is not a genuine gift. Under the similar circumstances, the assessee also received gift in earlier years, the same has been considered by the coordinate bench of the tribunal in assessee’s own case [2016 (11) TMI 1039 - ITAT VISAKHAPATNAM] for the A.Ys. 2009-10 to 2011-12 and held that the gift received by the assessee is a genuine gift from his brother and the addition made by the Assessing Officer is deleted. Addition made by the Assessing Officer and confirmed by the ld. CIT(A) cannot survive - Decided in favour of assessee.
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