TMI Blog2012 (7) TMI 216X X X X Extracts X X X X X X X X Extracts X X X X ..... For Respondent: Shri Sameer Kapoor ORDER Per: Chandra Mohan Garg, JM: This appeal has been preferred by the Revenue against the order dated 25.11.2011 passed by CIT(A)-XXIV, New Delhi, by which he deleted the addition of Rs.10,00,000 made by AO u/s 68 of the Income Tax Act for the AY 2007-08. 2. The grounds of appeal are as under:- (i) On the facts and circumstances of the case, the CIT(A) erred in deleting the addition of Rs.10,00,000/- made u/s 68 of the I.T.Act, 1961. (ii) On the facts and circumstances of the case, the CIT(A) erred in taking into consideration the assessee s submissions dated 24.11.2009 in contravention of provision of Rule 46-A. 3. Briefly stated, the facts of the case are that the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the order of the AO, the appellant is in appeal before the undersigned and has impugned the addition of Rs. 10 lacs u/s 68 of the Act. The ld. AR of the appellant has submitted that he had given a copy of HDFC Bank certificate of Foreign Inward Remittances, Business Registration Certificate and copy of the passport of Shri Anil Kumar (the donor s son) vide submission letter dated 24.11.2009 before the AO, however, the ld. AO did not consider the submission. I have carefully perused the assessment order as well as the evidences, documents and submission of the appellant. The fact is that the appellant has placed on record incontrovertible evidence with regard to source of source also, which he was not required to do at all. The moment t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... establish that the gift was actually received will lead to the finding that amount claimed as gift received was income from undisclosed sources u/s 68 of the Act and hence justified. In this case, the findings and operative para of judgement of the Hon ble High Court are being respectfully reproduced as under:- We are unable to persuade ourselves to agree with learned counsel for the assessee. As rightly observed by the Tribunal, a mere identification of the donor and showing the movement of the gift amount through banking channels is not sufficient to prove the genuineness of the gift. Since the claim of gift is made by the assessee, the onus lies on him not only to establish the identity of the persons making the gift but also his cap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly the real sister of the donee and her son Shri Anil Gupta, an NRI, was also working abroad. The Paper Book filed by the assessee is bearing a certification by the AR that all documents were filed before the AO as well as the CIT(A). 8. The Paper Book spread over only 9 pages shows that there is a copy of bank account of Mrs. Chanda Goyal (donor) and there is an entry of TF INN 304305 USD 24964 @43.9200 on 13.3.2007 crediting Rs.10,96,418.88 to her account. On page No. 2 is a gift deed dated 14.3.2007, on page 3 is PAN No. of the donor, on page 4 cheque of Rs.10 lakh from donor to donee. Page nos. 5 to 7 are related to business registration in Hong Kong of Shri Anil Gupta, his passport copy and copy of certificate from bank regarding r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee offers no proper, reasonable and acceptable explanation as regards the sums found credited in the books maintained by the assessee. The opinion of the Assessing Officer for not accepting the explanation offered by the assessee as not satisfactory is required to be based on proper appreciation of material and other attending circumstances available on the record. The opinion of the AO is required to be formed objectively with reference to the material on record. Application of mind is the sine qua non for forming the opinion. 11. In this case, the observations of the Hon ble Apex Court are being reproduced as under:- It is true that even after rejecting the explanation given by the assesses if found unacceptable, the crucial aspe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessees. No such attempt has been made before any authority. All the decisions cited and referred to hereinabove are required to be appreciated and understood in the light of the law declared by this court in Sumati Dayal (1995) Supp 2 SCC 453. 12. On the basis of foregoing discussions, at the outset, we observe that the facts and circumstances in the cases of P. Mohankala (supra) and Sajjandas Sons are different from the present case as the donor in both the above cases was not a relative of the donee but in the present case in hand the donor was real sister of donee and she received the amount from her NRI son Shri Anil Gupta who was doing business in Hong Kong with a proper license of business and the assessee not only establis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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