9911796707
TMI Blog1984 (8) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... nshyam Dass & Co. Which were claimed to be gifts received from the persons mentioned below. Name of the Depositor Deposits with names of donors 1.Sh. Ghanshyam Dass Rs. 20,000 Herbhajan Singh . Rs. 15,000 Ashok Kumar . Rs. 15,000 Jeet Singh . Rs. 50,000 . 2. Sh. Vijay Kumar (Indl.) Rs. 30,000 Khilari Singh 3. Smt. Suresh Gupta Rs. 25,000 Suraj Bhan . Rs. 20,000 Rajender Kumar . Rs. 15,000 Sushil Kumar . Rs. 15,000 Amitul Raquib . Rs. 75,000 . 4. Sh Pradeep Kr. Gupta Rs. 20,000 Naresh Kumar . Rs. 10,000 Sallu . Rs. 10,000 Sushil Kumar . Rs. 15,000 Ashok kumar . Rs. 55,000 . 5. Sh. Sanjay kumar Rs. 15,000 Rajendra Kumar . Rs. 10,000 Balwant Singh . Rs. 25,000 . 6. Smt. Maganwati Rs. 8, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le of CIT(A) to consider the genuineness of the gifts received by the aforementioned respondents during the year under consideration. We order accordingly and restore the matte to the file of CIT(A) to examine afresh the genuiness of the gifts received by the seven respondents. 4. An additional in the Revenue's appeal in the case of Vijay Kumar is regarding assessment in hands of Vijay Kumar of interest of Rs. 1,853 and Rs. 480 which the two minor daughters of Vijay Kumar, namely surbeheo and Shilpi received form the aforesaid firm on account of the deposits made as a result gifts of Rs. 10,000 each to the two minors by Rajendra Kumar on 28th Jan., 1976 relevant for asst. yr. 1976-77. In that year ITO disbelieved the gifts as Rajender Kuma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under s. 64 of share income of Smt. Suresh Gupta (Wife of Vijay Kumar) in M/s Hari Chand Ghanshyam Dass & Co. In which her husband Vijay Kumar was a partner representing his HUF. ITO included the share income in the hands of the assessee individual and AAC upheld it following his order for asst. yr. 1976-77 wherein he had followed the decision of Allahabad High Court in Mdho Prasad vs. CIT 1976 CTR (All) 334 : (1978) 112 ITR 492 (All). 9. We note that a Full Bench of the Allahabad High Court in Sahu Govind Prasad vs. CIT (1984) 38 CTR (All) 297 (FB) : (1983) 144 ITR 851 (All) (FB) has approved their earlier decision in Madho Prasad. We accordingly follow this decision as the assessee is within the territorial jurisdiction of Allhabad High ..... X X X X Extracts X X X X X X X X Extracts X X X X
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