2009 (11) TMI 40 - HC - Income Tax

Court affirms gift genuineness, dismisses appeal under Income Tax Act

The Commissioner of Income Tax-I Versus Shri AK Sachdeva.

The Commissioner of Income Tax-I Versus Shri AK Sachdeva. - tmi Issues:Appeal under Section 260A of the Income Tax Act, 1961 against the deletion of addition of Rs.5,00,000 made on account of unexplained gift.Analysis:The appeal was filed by the revenue against the order of the Income Tax Appellate Tribunal regarding the addition of Rs.5,00,000 as undisclosed income due to an unexplained gift received by the assessee. The assessee claimed that the gift was received from his maternal uncle, and the CIT(A) accepted the genuineness of the gift, a decision which was upheld by the Tribunal. The Tribunal found that the gift met the necessary criteria for being genuine, as the donor's identity and capacity were not in doubt, and the donor, who was the maternal uncle of the assessee and a proprietor of a business, was capable of making such a gift. The Tribunal cited previous decisions from the High Court to support their conclusion, emphasizing that no evidence was presented to suggest that the amount in question belonged to the assessee. Additionally, the Tribunal examined the accounts of the donor's business, where a specific entry related to the gift was identified.The High Court, in its judgment, noted the concurrent findings of fact by the CIT(A) and the Tribunal that the gift was indeed genuine. Consequently, the Court concluded that no substantial question of law arose from the case and dismissed the appeal filed by the revenue. The judgment was delivered by Hon'ble Mr. Justice Adarsh Kumar Goel and Hon'ble Mr. Justice Gurdev Singh on November 6, 2009.