9911796707
TMI Blog2012 (7) TMI 480X X X X Extracts X X X X X X X X Extracts X X X X ..... ssive in the facts and circumstances of the case." 3. The learned counsel for the assessee submitted that the assessee is in the business of trading and arhat of cloth at a small town of Pilkhuwa in District Ghaziabad wherein the lanes are very narrow and no personal use is possible of the car and telephone. He submitted that the expenses under the head car expenses and telephone expenses were entirely for business purposes. He contended that the business is conducted by the assessee with the help of a few employees and, therefore, there could be no disallowance on account of personal use. 4. The learned DR submitted that the personal use of the vehicle and telephone could not be ruled out and she relied on the order of the Assessing Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Officer. The copy of the acknowledgment of filing of the return of income for the relevant AY 2005-06 was also submitted by the assessee. The copy of the donor's bank account on which the cheque for the amount of gift was issued was also furnished to the Assessing Officer. He submitted that the donor had not made any other gift to the assessee or her family members during the last many years. The Assessing Officer issued a notice under Section 131 to the donor and the donor Smt.Anita Rani Singhal complied with the same and appeared before the Assessing Officer in person. Her statement on oath was recorded by the Assessing Officer on 28.12.2007. During the course of the statement recorded by the Assessing Officer, the donor Smt.Anita Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Guj.). 8. The learned DR has opposed the submissions of the learned counsel for the assessee. She submitted that there was no relation between the donor and the donee and the assessee has pleaded that it was only due to friendship that the donor has gifted a sum of Rs. 2 lakhs to the assessee. She submitted that the cash was introduced by the donor in her bank account with Syndicate Bank in order to make the gift and the source of the money deposited in the bank account of the donor could not be proved by the assessee. She referred to the relevant portions of the assessment order in support of the case of the Revenue. She relied on the order of the Assessing Officer and CIT(A). 9. The learned counsel for the assessee, in his rejoinder, su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her bank account on which the gift cheque for the amount of gift was issued by her. It is also not disputed that the donor had not made any other gift to the assessee or her family members during the last five years. The Assessing Officer issued summons under Section 131 to Smt.Anita Rani Singhal, which were complied with and the donor appeared in person before the Assessing Officer and her statement on oath was recorded by the Assessing Officer on 28.12.2007. A perusal of the copy of statement of the donor filed in the compilation before us shows that she was regular income tax assessee with ITO, Ward-1, Hapur and had given her permanent account number. She was assessed to tax for the past many years and the gift was made by cheque drawn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee. We find that the donor has explained further regarding the source of the cash deposits made by her in her savings bank account and has stated that these were out of the interest income received by her from time to time which was kept at home and the interest income was declared in her returns of income. 11. The various decisions relied upon by the learned counsel for the assessee laying down that the assessee need not prove the source of source of the assessee's credits support the case of the assessee. In these facts of the case, we are of the considered view that the assessee has discharged its onus of proving the identity and creditworthiness of the donor and the genuineness of the transaction of gift. The Revenue could not b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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