TMI Blog2013 (10) TMI 711X X X X Extracts X X X X X X X X Extracts X X X X ..... f assessee. - ITA No. 1258/Del/2010 - - - Dated:- 11-10-2013 - Shri Shamim Yahya And Shri C. M. Garg,JJ. For the Petitioner : Sh. Ashwani Taneja, Adv. For the Respondent : Mrs. Renuka Jain Gupta, Sr. D. R. ORDER Per Shamim Yahya: AM. This appeal by the Assessee is directed against the order of the Ld. Commissioner of Income Tax (Appeals)-XXII, New Delhi dated 12.2.2010 pertaining to assessment year 2004-05. 2. The grounds raised read as under:- i) That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in passing the assessment order u/s. 147/143(3) that too without serving the mandatory notice u/s. 148 as per law, without obtaining ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 543 dated 05.02.2007 that the assessee had taken bogus accommodation entry amounting. to RS.2,00,000/- from Shri Vipin Kumar during the year under consideration and initiated proceedings u/s 147. The above said amount received allegedly as accommodation entry was credited in the bank account of the assessee maintained with State Bank of India, Wazirpur Industrial Estate Branch, Delhi. The assessee during the course of assessment proceedings contended that this amount was received from Shri Vipin Kumar vide cheque NO.169257 dated 12.09.2003 drawn on Jai Lakshmi Co-operative Bank Ltd., Fateh Puri, Delhi. During the course of assessment proceedings the assessee furnished copy of affidavit, declaration of gift, IT acknowledgment for A.Y. 2002-0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income and wealth of Mr. Vipin Kumar to show that he was income tax assessee. PB25 is another letter to Ld. AO along with which copy of bank statement of the donor and photocopy off the gift deed was filed. PB26 is the copy of the gift deed. PB27 is the copy of the bank statement of the donor." 6.1 From the above Ld. Counsel of the assessee submitted that assessee has received a gift of Rs. 2,00,000/- from Shri Vipin Kumar. Assessee has submitted the affidavit of Shri Vipin Kumar, the gift deed has duly been submitted, PAN card of the donor has been submitted; copy of IT WT returns and computation of income and wealth of the donor was also submitted to prove that he was an income tax assessee. Assessee has also submitted copy of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s right in refusing to state a case." 7. Thus, we find that the assessee has submitted all the necessary documents which were required. As is evident from the Hon'ble Apex Court decision non-turning up of the donor on Assessing Officer's summons, cannot be fatal to make the gift bogus. Accordingly, in the background of the aforesaid discussions and precedent, we set aside the orders of the authorities below on this issue and hold that the assessee has properly explained the gift of Rs. 2,00,000/- and addition made in this regard is deleted. 8. The other ground of appeal raised by the Ld. Counsel of the assessee relate to validity of reopening u/s. 147 in this case. We find that on merits, we have already allowed the assessee's appeal as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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