TMI Blog2002 (11) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... rial on record and finding that Rs. 3 lakhs is the income of the appellant from undisclosed sources is bad in law?" - Having regard to the inquiries conducted by the Assessing Officer from the bank, with which the assessee was admittedly confronted and bearing in mind the fact that admittedly said Subhash Sethi was not related to the assessee, we are of the view that the findings recorded by the Tribunal are pure findings of fact warranting no interference. We find it difficult to hold that on the facts of the instant case proper opportunity had not been granted to the assessee to prove the gift. - - - - - Dated:- 26-11-2002 - Judge(s) : D. K. JAIN., MS. SHARDA AGGARWAL. JUDGMENT The judgment of the court was delivered by D. K. J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year 1993-94, the Assessing Officer noticed an entry of Rs. 3 lakhs, which was claimed to have been received as a gift from one Subhash Sethi, the son of Tara Chand Sethi, resident of 84, Sunder Nagar, New Delhi, stated to be residing at 36, Windsor Road, Livenshumle, Manchester, U.K., and a British passport holder. The gift was purportedly received by a pay order, drawn on a NRE account with American Express Bank, New Delhi. Suspecting the genuineness of the said gift, the Assessing Officer made certain enquiries, which revealed that the NRE account in American Express Bank, was opened on February 10, 1993, and by March 31, 1993, the amounts debited in the account aggregated to about Rs. 1.65 crores, in the form of cheques issued in favou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complete, the donor has no option to change his mind and cannot revoke the gift and further the gift in question being supported by a proper gift deed with supporting affidavit, duly executed by the donor and accepted by the donee, the gift was complete in every respect. Not being satisfied with the explanation, the Assessing Officer treated the said amount as unexplained cash credit and added the same to the total income of the assessee being undisclosed income. Against the assessment order, the assessee preferred appeal to the Commissioner of Income-tax (Appeals) but without any success. The matter was taken in further appeal to the Tribunal by the assessee but again without success. For affirming the view taken by the lower authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard Mr. P. C. Jain, learned counsel for the appellant, and Ms. Prem Lata Bansal, learned senior standing counsel for the Revenue. It is vehemently submitted by Mr. Jain on behalf of the assessee that the Assessing Officer having relied on a letter, issued to a third party, namely, the D. R. I., without confronting the assessee with the same, the assessment order is violative of principles of natural justice and that the assessee having furnished the documents in the form of affidavit of Subhash Sethi and the pay order issued by the American Express Bank, he had discharged the burden to prove that the gift was genuine. It is asserted that since the donor was not in India, he could not be produced before the Assessing Officer and, therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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