TMI Blog2018 (7) TMI 1089X X X X Extracts X X X X X X X X Extracts X X X X ..... IT(A), to be decided afresh in accordance with law, discussing, on merits, all the evidence relied on by the assessee, on providing due and adequate opportunity of hearing to the assessee. All pleas available under the law shall remain so available to the assessee. The assessee, no doubt, shall co-operate in the fresh proceedings before the ld. CIT(A). Ordered accordingly. - I.T.A No. 347/Agra/2016 - - - Dated:- 13-7-2018 - SHRI A. D. JAIN, JUDICIAL MEMBER For The Assessee : Shri Manuj Sharma, AR. For The Revenue : Shri Waseem Arshad, Sr. DR. ORDER This is assessee s appeal for A.Y. 2007-08, taking the following grounds: 1. That the Ld. CIT(A) Range III Kanpur, camp at Gwalior has erred in deciding the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - which Ld. A.O has taxed u/s 68 of IT Act. 6. The above all addition as made by A.O of 12,000 + 8,00,000/- totaling ₹ 8,12,000/- in the declared income of your appellant confirmed the same by Ld. CIT (A) is bad in law as well as on facts of the case. Kindly delete the entire addition of ₹ 8,12,000/- as made by A.O confirmed by CIT (A) on basis of facts and circumstances of the case. 2. Ground Nos. 2 and 3 and a part of Ground No.6, regarding addition of ₹ 12,000/- is stated to be not pressed. Rejected as not pressed. 3. Apropos the rest of the Grounds, the only issue is the addition of ₹ 8 lacs, representing gift received by the assessee from the wife of the elder brother of the assessee s husband ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he present appeal proceedings, the appellant has reiterated the submissions which were made before the AO. Specifically, it has been argued that the donor had the capacity to make the gift and she has also confirmed the transactions and that the Gift transaction is made by cheque and that it is supported by the gift deed. 15.3 The submissions are carefully considered. Undisputed and un-rebutted fact of the issue is that the Gift is made without there being any social occasion (like marriage/birthday) to make which is very important, strangely, the donor had two sons till she chooses to make gift to the assessee who was not even related to her by blood (was just the wife of elder brother of husband). The Gift transaction on being teste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onor Smt. Rekha Arora. (vii). Copy of the affidavit of donor Rekha Arora. (viii). Copy of acknowledgment for Income Tax return filed by the donor for the assessment year 07-08. (ix). Confirmation of the purchasers who had given ₹ 12 lacs to the donor, Smt. Rekha Arora, against the sale of flat. It has been submitted that the AO had also issued summons under section 131 of the Act and had recorded the statement of Smt. Rekha Arora (Donor). A copy of the same has been filed. It has been contended that to substantiate the explanation and to explain the nature and source of the deposits required for the purpose of section 68, the appellant filed a copy of certificate issued by the purchaser, regarding payment of ₹ 12 lak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... akh against the sale, out of which, she had made the gift of ₹ 8 lakh to the appellant through cheque; that the appellant has filed her affidavit, wherein she has stated on oath that she has received gift of ₹ 8 lakh from her bhabhi, Smt. Rekha Arora; that the appellant had also filed acknowledgment slip, Voter ID card, PAN, Bank statement and affidavit of the donor; that the AO, on issuing notice under section 131 of the Income Tax Act, had recorded the statement on oath of the donor (Smt. Rekha Arora) who, on oath, had submitted that she had made the gift of ₹ 8 lakh to her sister-in-law through cheque, which she had made out of receipt of ₹ 12 lakh against the sale of flat; that the appellant had also filed gift d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Indian context, generally, gifts exchange hands only on some social or pious occasions; that in the Indian social mileu/society it is a fact that wives of brothers generally have a strained relationship; that exchange of gifts, in the Indian social mileu, between the wives of brothers, is unheard of; that the strange fact of the donor's making gift of almost the entire sale consideration shows that the gift transaction was not genuine; and that the affidavit / Confirmation, or the receipt of amount by cheque, at best, explains only the form, and not the substance and all these just explain the receipt of the amount by the assessee from Rekha Arora (so-called donor), but these documents do not prove that the amount was genuinely rec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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