TMI Blog2011 (2) TMI 866X X X X Extracts X X X X X X X X Extracts X X X X ..... er was held to be bogus - Hence, the substantial questions of law are, thus, answered in favour of the Revenue and against the assessee. - 953 of 2008 - - - Dated:- 4-2-2011 - MR. JUSTICE ADARSH KUMAR GOEL, MR. JUSTICE AJAY KUMAR MITTAL, JJ. Mr. Yogesh Putney, Senior Standing Counsel for the appellant-Revenue. AJAY KUMAR MITTAL, J. This appeal under Section 260A of the Income-Tax Act, 1961 (for short the Act ) has been filed by the Revenue against the order dated 21.7.2006, passed by the Income Tax Appellate Tribunal Delhi Bench B , New Delhi (in short the Tribunal ) in ITA No. 3802/Del/2001, relating to the assessment year 1994-95. The following substantial questions of law have been claimed by the Revenue for determ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0/- out of which Rs.7,50,000/- were shown as foreign gift. We have heard learned counsel for the Revenue and have perused the record. In this appeal, the point for consideration is, whether the gift received from NRE by the respondent-assessee was genuine and exempt from being treated as undisclosed income of the assessee. The Tribunal after appreciating the evidence held the receiving of gift from the NRE to be genuine. However, a similar question came up for consideration of this Court in Income Tax Appeal No. 392 of 2005 (The Commissioner of Income Tax, Faridabad v. Kamal Gupta), decided on 20.1.2011 wherein it was held that in order to prove that the gift received in the above manner was genuine, the assessee was required to establi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... identical situation, this Court held that NRI gift could not be accepted as genuine unless the assessee was able to prove natural love and affection and financial capacity of the donor. Observations of this Court in Jaspal Singh are:- It is well settled that mere identification of donor and showing the movement of gift amount through banking channel is not enough to prove genuineness of the gift. The assessee was required to establish that the donor had the means and the gift was genuine, for natural love and affection. Reference in this regard may be made to the judgment of this Court in Lal Chand Kalra v. CIT, 22 CTR 135, judgment of Delhi High Court in Sajan Dass and Sons v. CIT, (2003) 264 ITR 435, CIT, West Bengal II v.Durga Pras ..... X X X X Extracts X X X X X X X X Extracts X X X X
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