TMI Blog2012 (8) TMI 954X X X X Extracts X X X X X X X X Extracts X X X X ..... tity and creditworthiness of the said named party. The Assessing Officer simply brushed them aside. The confirming findings recorded by the Tribunal were based upon the facts and material relevant to the issue before it. They were findings of facts and in the realm of appreciation. When the findings are of factual in nature and properly arrived at, and when they are in no way perverse, as they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant is unexplained cash credit within the provisions of S. 68 of the Act? (ii) Whether, in the facts and under the circumstances of the case, the Income Tax Appellate Tribunal was right in not appreciating that the appellant has fully discharged the burden of proving the gift under the provisions of S. 68 of the Act? (iii) Whether, in the facts and circumstances of the case, the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P. Hemani, learned advocate for the appellant. 3. Upon the appellant assessee filing his return of income for the assessment year 2004-2005, the case was taken up for scrutiny by issuing notice under section 143(2) of the Income Tax Act, 1961 (hereafter referred to as 'the Act' for sake of brevity). In course of the proceedings, the assessing officer noticed that the assessee had not s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he order of CIT(A), the department went in appeal before the Income Tax Appellate Tribunal. The Tribunal allowed the appeal of the department by observing as under : ....it is clear that the assessee failed to prove any close relation with donor and her creditworthiness to make the gift. No sufficient evidence or material is filed on record to prove the genuineness of the gift in the matter. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essing Officer simply brushed them aside. 4.1 The confirming findings recorded by the Tribunal were based upon the facts and material relevant to the issue before it. They were findings of facts and in the realm of appreciation. When the findings are of factual in nature and properly arrived at, and when they are in no way perverse, as they are in the impugned order, no interference is called f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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