TMI Blog1998 (5) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... rt. All the assessees belong to one group, referred to as the Suri group. The facts out of which these several cases arise are all interconnected and, therefore, are being dealt with by a common order. Different assessment years are involved. We would set out hereunder the assessment years, the names of the assessees and the questions which are sought to be referred : ITC No. 217 of 1991---Smt. Shama Suri (1982-83) : "1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the amount of US $ 30,000 received by Smt. Shama Suri from her son, Sh. Ashwini Suri, was in the nature of gift in her hands and hence not taxable? 2. Whether, on the facts and in the circumstances of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al was correct in law in holding that the assessee has discharged onus in establishing the nature of the transaction? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in arriving at conclusions which are based on facts and circumstances not relevant to the issues?" ITC No. 134 of 1993---Sh. Ashwin Suri (1985-86) : "1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the amount of US $ 3,00,000 received from Waney family from USA was in the nature of gift in the hands of Shri Ashwani Suri and hence not taxable? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in arriving at conclusions which are based on facts and circumstances not relevant to the issues? ITC No. 1 of 1997---Ashwini Suri (1984-85) : "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the assessee had discharged the onus which lay upon him for proving (i) genuineness of alleged gift of Rs. 1,15,000 (US $ 11,000), (ii) identity and paying capacity of the donor, and (iii) source of the amount donated? 2. Whether the Income-tax Appellate Tribunal was correct in law in allowing the liability of Rs. 1,15,000 (US $ 11,000) payable to Master Shiv Sagar Suri?" ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ama Suri (1984-85) : "1. Whether the Income-tax Appellate Tribunal was justified in law in confirming the order of the learned Commissioner of Income-tax (Appeals) deleting the addition of Rs. 2,45,098 on account of foreign gifts?" Applications were filed under section 256(1) of the Income-tax Act which have been rejected by the Tribunal forming an opinion that the questions were merely of facts and not arising as questions of law from the orders of the Tribunal. Without burdening this order with a detailed statement of facts referrable to each year of assessment and to each of the assessees, we would briefly highlight the requisite factual background so as to appreciate the grievance raised by the Revenue before this court. The asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a particular donor to a particular donee. He having assigned reasons in detail for the findings so arrived at proceeded to discard the gifts and instead applied section 69A of the Act and treated the amount of gifts as income from undisclosed sources. The view taken by the Assessing Officer has been reversed at one or the other stage in the appeal. In all the cases, the Tribunal has accepted the gifts to be genuine and deleted the additions made by the Assessing Officer. At the hearing, Mr. Sanjeev Khanna, learned senior standing counsel for the Revenue, contended that in the facts and circumstances of the case, the questions as suggested by the Revenue do arise as questions of law and, therefore, the Tribunal was not right in rejectin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... go into the genuineness of the gifts by reference to each and every specific transaction. (ii) The Tribunal held that the details of the bank account from where the money had been withdrawn was not required to be furnished and given. It accepted the contention of the assessee that it was not legally permissible for the income-tax authorities to enquire into the source/bank account from where the funds had originated. The finding as to genuineness of gifts is based merely on the fact that the remittances were out of some bank account which by itself proved the genuineness of the source of the gifts. (iii) The Tribunal omitted to see that the declaration in the form of certificate furnished by the assessee was entirely vague and lacking ..... X X X X Extracts X X X X X X X X Extracts X X X X
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