9911796707
TMI Blog2014 (6) TMI 365X X X X Extracts X X X X X X X X Extracts X X X X ..... raves your Honour's leave to add, to alter, amend, modify, and withdraw any of the above grounds of appeal if it is necessary, on or before the final hearing. During the course of hearing before us, Authorised Representative(AR)of the assessee requested that additional evidences produced by the assessee should be admitted as per Rule 29 of the ITAT Rules, 1963. It was stated that evidences could not be produced earlier as they had to be obtained from Sri Lanka, that the documents would have direct bearing on the result of the appeal. After going through the application and the additional evidences, we are of the opinion that to decide the issue before the same would be useful. Therefore, additional evidences produced by the assessee are ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hiness of the donor. Accordingly, he treated the same as unexplained cash credit and added to the total income of the assessee. 3. During the course of appellate proceedings, before the First Appellate Authority (FAA) it was submitted that the gifts were transferred through banking channels, that the foreign inward remittance certificate issued by HSBC Bank proved that gifts were from abroad, that the identity as well as relationship of donors was established, that the genuineness of the transaction by self declaration by the donor was duly notorised, that the creditworthiness of the donors was established by self declaration, that the donor being daughter of the assessee blood relationship with the assessee. Assessee also submitted a copy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... editworthiness, that the creditworthiness and genuineness of the transaction is not conclusively proved by the assessee. Relying upon the judgments of Jaspal Sing(290 ITR306), Thirthram Gupta(304ITR145),Swami Premanand (221 CTR 667),he held that the onus lied on the assessee to establish identity, capacity, relationship, love and affection and circumstances on which the gift was made. Finally, confirming the order of the FAA, he dismissed the appeal filed by the assessee. 4. Before us, AR submitted that daughter of the assessee had gifted a sum of Rs.5.87 lakhs, that all necessary evidences were produced before the AO/FAA, that additional evidences produced by the assessee would through light on the genuineness and creditworthiness of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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