TMI Blog2017 (6) TMI 342X X X X Extracts X X X X X X X X Extracts X X X X ..... sessed in the hands of the recipients as income from undisclosed sources. The issue that the impugned gifts are assessable in the hands of the assessee has thus become final. This is the finding of the Commissioner of Income Tax (Appeals) given vide para 3.12 at page 11 of the appellate order which has been reproduced by us in the paras here in above. In view thereof, we find no merit in the plea of the assessee that the addition made in the hands of the assessee be set off against the income assessed in the hands of the Shri G.R.Madhyan. We reject the same and uphold the addition in the hands of assessee. The grounds of appeal raised by assessee are thus dismissed. - ITA No.1631/PUN/2013, ITA No.1632/PUN/2013, And ITA No.1633/PUN/2013 - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... F134211 drawn on H.K(Hongkong) bank for the benefit of you and your fianc e Manju. When you are visiting Hong Kong? Why not make a short trip this side defiantly after your wedding. Hope to see you soon. With Love regards to your dad Bob 5. This is normal letter accompanying the draft, out of nature love and Affection, you can t call this as reimbursement of expenses. 6. This shows narrowness of mind of CIT appeal. Hence order passed by CIT Appeal is illegal addition made may please be deleted. 7. Any amendment of finance bill in 2004 is also not relevant hence appeal order for AY-1995-96 can t be dismissed. 8. Any comments prior to AY in appeal are not relevant as gift was received during amnesty sch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee were re-opened u/s147 and 148 of the Act. Protective additions however were made in the hands of the assessee and his brother in respect of the said gifts received totaling ₹ 9,36,000/-. The Commissioner of Income Tax (Appeals) in the case of Shri Girdharilal R. Madhyan held that the gifts were to be taxed in the hands of the recipients as income from undisclosed source. Consequent thereto, assessment order was passed in the case of the assessee and addition of ₹ 4,68,000/- was made as unexplained investment in acquiring foreign remittance / gifts. 6. In appeal, the Commissioner of Income Tax (Appeals) confirmed the addition in the first round. However, the Tribunal set aside the order of the Commissioner of Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... There is another aspect to the issue. The assessment of foreign gifts in hands of Shri G.R.Madhyan for the various assessment years 1990-91 to 1995-96 was considered by CIT(A) Nashik who decided against the appellants but admitted the alternative plea that the same may be assessed in the hands of the family members. While doing so, the CIT(A) gave a categorical finding that all the alleged gifts in question should be assessed in the hands of recipients as income from undisclosed sources. This order of the CIT (A) Nashik has not been contested by the appellant Shri G.R.Madhyan which is apparent from the ITAT order dated 26.2.2001 in ITA Nos.583 to 592/PN/1999, 550 to 559/PN/1999 read with C.O.Nos. 58 to 67/PN/1999. The issue that the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undisclosed source assessed in the hands of the Shri G.R.Madhyan, who is the father of the assessee. There is a finding on record that in ITA No.583 to 592/PN/1999, 550 to 559/PN/1999 read with C.O.Nos. 58 to 67/PN/1999 order dated 26/02/2001 in the case of Shri G R Madhyan, no issue was raised against the order of Commissioner of Income Tax (Appeals) in the case of Shri G.R.Madhyan, giving a finding that the alleged gifts in question should be assessed in the hands of the recipients as income from undisclosed sources. The issue that the impugned gifts are assessable in the hands of the assessee has thus become final. This is the finding of the Commissioner of Income Tax (Appeals) given vide para 3.12 at page 11 of the appellate order which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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