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2014 (10) TMI 179 - ITAT JAIPURUnexplained gifts - Whether the CIT(A) has erred in deleting the addition made by the AO on account of unexplained gift without appreciating the facts of the case and deficiencies pointed out by the AO - Held that:- The AO has demonstratively narrated the inconsistencies, contradictions in the statements and improbabilities in the transaction of gifts - The AO found that bank accounts reflected that the gifts were immediately preceded by depositing the amount in donors respective accounts - Mere identity of donors and paper trail cannot be the conclusive factor while accepting the gifts as genuine –following the decision in Subhash Chand Verma vs. CIT [2007 (7) TMI 289 - PUNJAB AND HARYANA HIGH COURT] - the assessee failed to discharge the onus to explain the genuineness of the gifts which the AO had right/power to objectively examine and it cannot be substituted merely by a paper trail – the gift transactions are riddled with improbabilities and defy logic of normal human nature and conduct - Thus the gifts in question suffer from improbabilities which cannot be held as normal human conduct and the AO had rightly held the gifts to be non-genuine and taxed as income – thus, the order of the CIT(A) is set aside – Decided in favour of revenue.
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