TMI Blog2015 (7) TMI 403X X X X Extracts X X X X X X X X Extracts X X X X ..... ven to the Assessing Officer. There cannot be any reason to accept the view point of the Assessing Officer that PAN and ration card can also be fraudulently obtained.learned CIT(A) was right in accepting the assessee's contention about the genuineness of the gift received by the assessee from Sh. Parveen Kumar. As regards the gifts received from NRI donors, namely, Sh. Manmeet Pal Singh and Sh. Harminder Singh, we find that the assessee categorically stated before the Assessing Officer during the course of her statement that both these persons are real brothers and their father Sh. Ajit Singh is very close friend of her father-in-law, Sh. Gurucharan Singh. Both these persons were stated to be family friends. Not only that, the assessee a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ). 3. Briefly stated the facts of the case are that the assessee received three gifts totaling ₹ 17 lacs as under: Name of the donor Date of gift Amount 1. Sh. Manmeet Pal Singh 29.08.2002 ₹ 8 lacs 2. Sh. Harminder Singh 20.06.2002 ₹ 7 lacs 3. Sh. Parveen Kumar 17.05.2002 ₹ 2 lacs 4. On being called upon to substantiate the genuineness of these credits, the assessee stated that the above amounts represented gifts from differen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sh. Parveen Kumar were listed, a copy of Permanent Account Number allotted by the Income Tax Department; a copy of wealth tax return filed by Sh. Parveen Kumar; a copy of acknowledgement of income tax return; a copy of gift deed; a copy of affidavit by the donor duly attested by the Notary; and a copy of bank statement of the assessee (wherein the gifted amount was deposited and ultimately credited to her account). The Assessing Officer refused to accept the genuineness of the gift by holding that the assessee failed to establish the identity of the donor inasmuch as ration card and PAN can also be fraudulently obtained. As regards the other two gifts received from non-resident donors, the Assessing Officer directly obtained copy of their b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he correct address of Sh. Parveen Kumar which was given to the Assessing Officer. There cannot be any reason to accept the view point of the Assessing Officer that PAN and ration card can also be fraudulently obtained. When the Inspector adversely reported about the nonavailability of Sh. Parveen Kumar on the given address, it was thereafter that the assessee submitted a copy of ration card and PAN card evidencing the address of Sh. Parveen Kumar in support of the correctness of address already given. Without making any further investigation as to the veracity of the address given in these documents, the Assessing Officer rejected the assessee's contention, which course of action is untenable as per law. It is further evident that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eir respective bank accounts before issuing gift cheques for a much lesser amount. Citi bank further confirmed the genuineness of the accounts maintained by these two non-residents with its branch. These two persons were residing in Singapore for last more than 25 years. A copy of the bank NRI account of Sh. Harminder Singh for six months period from 01.04.2002 to 30.09.2002 disclosed total deposits credited to his account at ₹ 51.61 lac, out of which a sum of ₹ 7 lacs was gifted to the assessee. During the same six months period, there were credits in the bank NRI account of Sh. Manmeet Pal Singh to the tune of ₹ 31.60 lac, out of which a sum of ₹ 8 lacs was gifted to the assessee. When we consider the entirety of f ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
