TMI Blog2010 (12) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... 68 of the Act – Addition of gift made – Held that:- The assessee received two gifts and the assessee has filed details in respect of said gift received with the Assessing Officer - in the case of Smt. Ritaben Hirpara, the papers should be examined at the level of AO and decide whether the donor has capacity or creditworthiness to give the gift - that they have substantial incomes but AO is free to note the creditworthiness of the donor - As regards to identity, genuineness of transactions both are established by assessee before the lower authorities - to ascertain creditworthiness of the donor the matter remitted back to the AO. Nothing has been brought in respect of creditworthiness of the donor except confirmation - This being a gift f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has erred in law and on facts in confirming the action of AO in addition a sum of Rs.63,314/- on account of alleged opening difference in account with M/s. Deep Polymers. 3. The brief facts are that the Assessing Officer during the course of assessment proceedings noticed from the accounts of the assessee that there is difference of Rs.63,314/- in the closing balance of the assessee as per books of account of assessee and that of M/s. Deep Polymers. The assessee could not explain the difference and Assessing Officer made addition of this difference as undisclosed income of the assessee. Aggrieved, assessee preferred appeal before CIT(A). The CIT(A) confirmed the action of Assessing Officer by giving following finding in paa-3.3 of his ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer, so he can find out exactly whether the difference is explained or not and accordingly decide this issue. Accordingly, we set aside this issue to the file of Assessing Officer as indicated above. 5. The next issue in this appeal of assessee is against the order of CIT(A) in confirming the disallowance of expenditure at Rs.30,976/-. 6. At the outset, Ld.SR-counsel for assessee, Shri S.N.Soparkar stated that he is not prosecuting this issue due to smallness of amount and he has instruction from the assessee to that effect. As the Ld. Counsel for the assessee has not pressed this issue due to smallness amount, we dismiss the same as not pressed and this will not be considered as precedent for earlier or future years. 7. The next issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gifts as genuine and further called upon assessee to file documentary evidences in support of the said gifts received by him. The assessee, in turn, placed on record the following documents:- i) Complete name and address of the donors; ii) Copy of the gift deed; iii) Copy of the passport of the said donor; iv) Gift deed confirmation and affidavit of the said Donors The assessee also submits that it has given the name, address, copy of passport, gift deed and confirmation of the donor during the course of assessment proceedings and even the tax return of one of the donors are placed on record and in this regard assessee again submits the proof of credits appearing in its books of account and it has to prove the following three t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... received with the Assessing Officer i.e. declaration of $ 12,000/- by way of an affidavit dated 03- 05-2004, which is enclosed at page-27 of assessee s paper book. The assessee has also filed copy of bank draft at page-28 of assessee s paper book and also copy of message at page-29 of assessee s paper book. The assessee also filed copy of passport at page-37 38 of Smt. Ritaben Hirpara. Ld. Counsel for the assessee pointed out before us that he has filed copy of returns of donor Smt. Ritaben Hrpara and her family for the year 2004 with Revenue Department of USA at page 2-7 and for the year 2003 at page 8-14 of assessee s paper book. Ld. SR-DR specifically stated that these returns were not filed by Assessing Officer and it is also doubtfu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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