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of <h1>Tribunal partially allows appeal on unexplained gifts to minor children, upholds addition for low withdrawals.</h1> <h3>Parvinder Singh Bhatia Versus ACIT, CC-45, Mumbai</h3> Parvinder Singh Bhatia Versus ACIT, CC-45, Mumbai - TMI Issues:1. Treatment of unexplained gifts received by the assessee's minor children.2. Addition of low withdrawals for personal and household expenses.Analysis:Issue 1: Treatment of Unexplained GiftsThe appellant, an individual assessed to tax, was found to have minor children who received gifts totaling Rs. 15,90,000 from various persons. Despite providing gift deeds and income tax returns of the donors, the AO treated the gifts as unexplained due to the failure to produce the donors to establish their creditworthiness and genuineness. The Ld. CIT (A) upheld the addition citing lack of love and affection between donors and recipients, uniformity in gift declarations, and donors' low income status. The appellant argued that the documentary evidence submitted was sufficient to discharge the onus of explaining the gifts under sec. 68. The Tribunal agreed, noting that the evidence contained donor details and no adverse material was presented to doubt the gifts' genuineness. As the AO did not conduct any inquiry with donors or their assessing officers, the Tribunal held that the gifts cannot be treated as unexplained cash credits under sec. 68. Consequently, the addition made by the AO was deleted, and ground no. 3 of the appeal was allowed.Issue 2: Addition of Low WithdrawalsThe AO estimated household expenses at Rs. 25,000 per month, which the appellant accepted. However, the appellant only showed a withdrawal of Rs. 1,13,849 for household expenses, leading to an addition of Rs. 1,86,151 as low withdrawal. The Ld. CIT (A) confirmed this addition, stating that the estimate was justified based on discussions during assessment proceedings. The Tribunal found the addition appropriate, upholding the Ld. CIT (A)'s decision. Ground no. 4 of the appeal was dismissed. Overall, the appeal was partly allowed by the Tribunal, with the addition on low withdrawals upheld and the addition on unexplained gifts deleted.
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