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2022 (7) TMI 1012 - AT - Income TaxUnexplained income - unexplained money under section 69A - gifts received by the assessee from brother and sister - HELD THAT:- As assessee has discharged her initial onus by proving the identity, creditworthiness and genuineness of the transactions. A.O. cannot insist the assessee to prove the source of source. A.O. has not pointed out any defect in the Affidavits filed by both the donors viz., Mrs. Kamlesh Devi and Sh. Rakesh Jain and, therefore, the decision of the Hon’ble Supreme Court in the case of M/s. Mehta Parikh & Co. [1956 (5) TMI 4 - SUPREME COURT] relied upon by the assessee is squarely applicable to the facts and circumstances of the case. Further the submission of assessee that her husband was suffering from cancer and for the treatment, a lot of medical expenses was required to be incurred. The aforesaid contention of assessee has not been found to be false. It is a general practice followed that in time of medical emergencies, the near and dear ones of the family, close friends and relatives generally pool their resources to help the family in need. Considering the totality of the facts and circumstances of the case and following the decision of Hon’ble Supreme Court in the case of M/s. Mehta Parikh & Co. vs., CIT (supra) gifts received by the assessee from her brother and sister cannot be added as unexplained income. We, therefore, direct the deletion of the addition made by the A.O. and allow the grounds of the assessee.
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