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2023 (3) TMI 917 - AT - Income TaxAddition regarding gift received from father - assessee consistently submitting that the father of assessee Shri Krishna Dutta is a Pujari in Mandir, he also works as an astrologer and property dealer - HELD THAT:- Unable to see any findings that the father of assessee does not own 6.5 acres agricultural land. CIT(A) noted that the assessee has not been able to convinced the AO regarding income from agriculture and agriculture income calculated by the assessee are based on presumptions only. Appellant father should have filed his return of income if he was having taxable income - Unable to agree with the conclusion drawn by FAA that in absence of return of income by his father the factum of gift cannot be accepted - when he is earning small income from puja & astrology and earning exempt agricultural income then the requirement of filing of return of income arose only in a situation when his income falls within the purview of taxable limits, merely because a person, giving gift to his son, is not filing return of income, the transaction of gift cannot be doubted particularly when the person giving gift is owing 6.5 acres agricultural land which yielded agricultural produce to him. As basis taken by the AO as well as CIT(A) for dismissing the explanation of assessee regarding gift from his father is not reasonable, justified and sustainable. Therefore, the same is dismissed.
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