9911796707
TMI Blog2022 (5) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred to as "the Act") relevant to the Assessment Year 2012-2013. 2. The assessee has raised the following grounds of appeal: 1.0 ASSESSMENT ORDER PASSED LACKS JURISDICTION. 1.01 On the facts and circumstances of your appellant's case and in law, the Id. CIT (A) has erred in confirming action of Id AO of assuming jurisdiction while passing Assessment Order although fact of the matter is that appellant was Non Resident of India within meaning of section 6 of the Act for the year under consideration and hence, the jurisdiction does not lie with the Id AO who passed the Assessment Order. Further, the Hon'ble CIT (Appeals) also failed to appreciate the said fact without considering the factuality and materiality which were apparen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot explained. Therefore the AO treated the same as unexplained cash credit under section 68 of the Act and made the addition to the total income of the assessee. 5. Aggrieved assessee preferred an appeal to the learned CIT-A 6. The assessee before the learned CIT-A submitted that he has accepted gift of Rs. 6.44 lakhs and 5 lakhs from his father and the brother which was used for purchasing the residential property in Vadodara. According to the assessee, the father and the brother were engaged in the agricultural activity on the land held by them in their personal capacity as well as on the land of other parties. As per the assessee, the father and the brother were able to generate the annual agricultural income of Rs.23 lakhs approximate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufficient enough to determine the residential status of the assessee. 9.1 According to the learned CIT-A, it is very unusual that a wealthy NRI is accepting gifts from his father and the brother who are claimed to be agriculturist. In other words, the donors of the gift do not have sufficient resources and the capacity to gift the wealthy assessee. Likewise, there was contradiction in the gift deed submitted by the assessee. Thus the learned CIT-A confirmed the order of the AO. 10. Being aggrieved by the order of the learned CIT-A, the assessee is in appeal before us. 11. The learned AR before us filed a paper book running from pages 1 to 129 and contended that the father and the brother of the assessee were engaged in the activity of ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cash was deposited out of the gift amount. Now the onus shifts upon the Revenue to disprove the contention of the assessee based on the documentary evidence. But we find that there was no contrary evidence brought on record by the revenue suggesting that the amount of cash deposit is not out of the gift amount. In other words, the revenue has not brought anything on record in support of its contention that amount deposited by the assessee is not out of the cash gift. To our understanding, merely the difference in time between the cash deposited in the bank viz a viz cash received as gift cannot authorize the revenue authorities to draw inferences against the assessee until and unless some documentary evidence are brought on record contrary ..... X X X X Extracts X X X X X X X X Extracts X X X X
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