2013 (1) TMI 573

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..... C. (Income Tax Dept.)   The present appeal has been filed under Section 260 (A) of the Income Tax Act, 1961 (hereinafter referred to as the 'Act') against the order dated 29.3.2011 passed by the Income Tax Appellate Tribunal, Agra Bench, Agra (hereinafter referred to as the 'Tribunal'). The appellant has proposed the following four questions said to be substantial question of law arising out .....

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..... aterial and evidence on record to establish that income has escaped assessment? 4. Whether in any view of the matter and the judicial pronouncements, the Income Tax Appellate Tribunal was legally correct to disbelieve the transaction of genuine gift and in confirming the addition of Rs. 5,00,000/- to the returned income of the appellant under section 68 of the Act?" Briefly stated, the facts giv .....

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..... assessment year 2001-02 on 24.9.2001 may kindly be treated as a return filed in compliance to the notice issued u/s 148. In the course of the re-assessment proceedings, the appellant was found to have received gift of Rs. 5 lakhs from one Sri Lekhraj Jain. The appellant was asked to substantiate the gift. Notice u/s 133(6) of the Act was issued to the donor Sri Lekhraj Jain, to which no reply was .....

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..... s claimed as gift, was upheld. Feeling aggrieved, the appellant preferred an appeal before the Tribunal. The Tribunal by the impugned order has dismissed the appeal. We have heard Sri Vishwajeet, learned counsel for the appellant and Sri Dhananjay Awasthi, learned Senior Standing Counsel for the Revenue. Sri Vishwajeet, learned counsel, submitted that the proceedings u/s 147 had wrongly been in .....

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..... duty of the appellant to give the address or to produce the donor because the appellant was claiming that she had received the amount of Rs. 5 lakhs as gift, which is not liable to tax. She having failed to discharge the burden, the authorities have rightly treated it as income. The order of the Tribunal does not suffer from any legal infirmity. The appeal fails and is dismissed.
Case laws, .....

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