1992 (9) TMI 144

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....l amount on 13th July, 1984 by the assessee. On being asked by the ITO the assessee explained that she had received a gift of Rs. 1,00,000 on 23rd April, 1982 from one Smt. Chandra Devi Nandlal Sirselewala and the said amount was deposited by her in her account with M/s Jay Shree Textiles, Bombay. In support of her contention the assessee not only filed her own affidavit but also filed the photostat copies of the declaration of the gift by Smt. Chandra Devi aforesaid and of the demand notice for Rs. 10,750 issued by the GTO, C-III Ward, Bombay. It was also stated that the amount of gift was reflected in her wealth-tax return for asst. yr. 1983-84 and the assessment thereupon was completed on 7th Feb., 1989. The ITO did not accept assessee's....

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....s earning income from business and unaccounted money could have come to her from that source. We, however, find force in Mr. Ranka's arguments. 4. It is not in dispute that the assessee had received Rs. 1 lac on 23rd April, 1982 by way of gift through cheque. It is true that the amount of Rs. 1 lac was deposited by the assessee in cash after a lapse of about 1-1/2 years of the receipt of gift and that fact may create a doubt in one's mind as to the investment of the very amount of gift in the two deposits but such doubt or suspicion cannot be allowed to take the place of proof. It is difficult to ignore that the assessee had filed her affidavit and, for no good reasons, the ITO had not choosen to cross-examine her before rejecting the de....