TMI Blog2017 (11) TMI 1610X X X X Extracts X X X X X X X X Extracts X X X X ..... f 2017 - - - Dated:- 27-11-2017 - Hon'ble Abhinava Upadhya And Hon'ble Ashok Kumar, J. For the Appellant : Suyash Agrawal,Uttam Singh For the Respondent : C.S.C.,Ashish Agarwal,Manu Ghildyal ORDER ( Delivered by Ashok Kumar, J. ) The present appeal is filed by the assessee against the order dated 12.1.2007 and the impugned order of the ITAT dated 24.4.2009 passed in ITA No. 3391/D/2004 for the assessment year 2001-02. Initially, this appeal has been filed as defective appeal No. 143(D) of 2010. After the removal of the defect the appeal has been numbered as regular appeal No. 20 of 2017. During the aforesaid period the appeal was dismissed for want of prosecution, however, the restoration application has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the assessee has participated in the proceedings and has filed the details. The assessing authority has noticed that the assessee has shown receipts that gift in the statement of incoming and outgoing details. For the ready reference the relevant extract of the aforesaid statement of receipts of gifts is quoted hereinbelow : Sl. No. Name of the donor Amount 1 Smt. Drodi Devi Rs.10,00,000/- 2 Veer Pal Singh Rs.1,01,000/- 3 Surendra Sahai Rs.2,01,000/- 4 Raju Sharma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nk account as cash. This cash deposit of ₹ 10 lacs has been deposited at one time on the same date namely on 3.10.2000 and the same is withdrawn on the same day, which is gifted to the appellant at once. With regard to other gifts the assessing authority has noticed that the creditworthiness of the donors was totally doubtful and in this regard the notices were sent to the alleged donors through the registered post but envelop containing the notice has been received back with the report not known . Subsequently, the income tax inspector attached with the office of the assessing officer has been deputed to get the notice served, who has reported that there are no such persons namely Veerpal Singh and Sundar Sahai on the giving addr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the ITAT which has been registered as ITA No. 3391/Del/2004, which has been allowed in part by the ITAT. The ITAT has observed in its judgment in para 13, which is quoted hereinbelow : In the instant case from the order of the Assessing Officer, it is clear that the assessee has failed in establishing the creditworthiness of the donors, occasion for making the gifts and why and donors who were strangers and not men of means gifted such huge amounts to the assessee HUF out of love and affection. Accordingly, we hold that the CIT (A) without examining these aspects in the instant case of the assessee in his order has wrongly deleted the impugned amount received by the assessee as gifts and, therefore, the order of CIT (A) in this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ameter of Section 68 of the Act. Learned counsel for the appellant has partly accepted that the appellant has not adduced any evidence with regard to the alleged gifts by different persons whose creditworthiness was doubted by the department, however, he has submitted that so far as the gift by Smt. Dropati Devi for a sum of ₹ 10 lacs. is concerned, there is some material which suggests that the said amount has been gifted by Smt. Dropati Devi to the appellant. On the other hand, the learned counsel for the revenue has assailed the orders passed by the assessing authority as well as by the Tribunal. We see no error in the order of the ITAT and the findings recorded by the ITAT are concluded by finding of fact, hence we declin ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
