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of <h1>Calcutta HC Upholds Tribunal Decision: Assessee Proves Donor's Identity, Revenue Fails to Counter Evidence in Tax Case.</h1> <h3>COMMISSIONER OF INCOME TAX KOLKATA Versus SANJEEV JAIN</h3> COMMISSIONER OF INCOME TAX KOLKATA Versus SANJEEV JAIN - TMI Issues:1. Whether the Tribunal arrived at a conclusion without considering relevant materials, making the findings unreasonable and perverse.2. Whether the Tribunal applied the principle of law wrongly in a specific case.3. Whether the Tribunal was justified in holding the burden of proof lies on the revenue and not the assessee.Analysis:The High Court of Calcutta heard an appeal filed by the revenue under Section 260A of the Income Tax Act against the order of the Income Tax Appellate Tribunal. The main issue was whether the genuineness of a gift received by the assessee was established. The Tribunal had remanded the matter to the Assessing Officer to consider documents filed by the assessee, but the Assessing Officer did not comment on those documents and faulted the assessee for not producing the donor's income tax return. The Tribunal found no grounds to interfere with the Commissioner of Income Tax's order. The revenue contended that the genuineness of the gift was not proven due to the relationship between the parties.The Commissioner of Income Tax (Appeals) considered whether the assessee established the identity and creditworthiness of the donor. It was noted that the donor had a NRE account in a bank, which confirmed the transfer of funds to the assessee. The assessee provided business details, and the Assessing Officer failed to produce evidence to suggest the gifts were not genuine. The CIT(A) allowed the appeal based on these facts. The Tribunal re-evaluated the situation and found that the donor's identity was established by documents, shifting the burden to the revenue to prove otherwise. As the revenue failed to do so, the Court upheld the relief granted to the assessee.In conclusion, the Court dismissed the appeal, answering the substantial questions of law against the revenue. The decision was based on the assessee's successful establishment of the gift's genuineness and the revenue's failure to provide contrary evidence.
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