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TMI Blog2012 (7) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... m Shri Lokesh Bajaj of a sum of US$ 3600 (Rs.1,68,120/-). In support of the gift, his driving licence, certificate of foreign remittance and the declaration of the donor were filed. It was found that similar gifts were received by Shri Ajmer Singh and Shri Harvinder Singh also. It was submitted that Shri Lokesh Bajaj is old friend and is well settled in Florida, USA. Whenever he comes to India he stays with the assessee and similarly whenever any family members of the assessee visits the USA, he stays with the donor. The gifts have been given out of love and affection. The instant transaction has been carried through the banking channel. Confirmation of the donor has been filed. Therefore it was argued that the gift is genuine. The AO did ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... king channel. Therefore the genuineness of the gift is also proved. 3.1 In the case of Ujjagar Singh oberoi, the Hon'ble High Court mentioned that the donee provided the particulars of the donors, who are residents of USA or UK, the gifts from 7 donors aggregate to Rs.16,38,539/-, which is a negligible amount in terms of US dollars or pound sterlings. The donors have not only confirmed the gifts by filing evidence in order to prove their creditworthiness, they had even submitted their income tax returns. These are pure findings of the fact and no substantial question of law arisen from them. Thus the appeal of the revenue was dismissed. 3.2 In the case of Mrs. Kusum Gupta the Hon'ble Court mentioned that gifts were made by registered deeds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thus, it can be either notarised or attested in the consulate office. This case goes against the revenue. b) In the case of ITO vs. Mukesh Bhan Bhai (2009) 318 ITR (AT) 394 (Mum), it has been held that in respect of a gift from a non resident donor, it is for the assessee to establish genuineness of the gift and creditworthiness of the donor. c) In the case of CIT vs. Anil Kumar (2007) 292 ITR 552 (Del), it has been held that since the amount is claimed to be gift received by the assessee, the onus of proving the identity and capacity of the donor lies on him. It may be mentioned that the gifts were received from non-resident persons through NRE accounts. d) She also relied on the decisions reported in 333 ITR 287, 304 ITR 45, and 3 ITR ..... X X X X Extracts X X X X X X X X Extracts X X X X
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