TaxTMI 
TaxTMI 
2008 (4) TMI 417
X X X X Extracts X X X X
X X X X Extracts X X X X
....this amount represented the withdrawals on the assessee's savings bank account with the SBI, Hoshiarpur; that the bank pass book showed that the account was credited on 12th June, 2001. The assessee claimed this amount of Rs. 2 lacs to represent the gift from his real brother, Shri S.K. Maheshwari, settled in the USA. In support, the assessee filed an affidavit from the donor. A copy of the claimed NRE account was also filed. Besides, a certificate certifying gross salary of the donor, a copy of the official cheque in the name of the assessee of Charter One Bank, photocopy of NRE account in the name of donor in the State Bank of Patiala, NRI Branch, Jalandhar, for the period from 1st April, 2000, to 1st Jan., 2001 and in the State Bank of P....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s a sine qua non of a valid gift; that in view of Lall Chand Kalra, the CIT(A)'s order is patently perverse; that further, the assessee never made any reciprocal gift to the donor though he was receiving gifts from him year after year and had received such gifts about 25 times in the last about 15 years; that the donor had been making gifts to the assessee and his two other brothers who were running four firms and a company, but no gift was claimed to have been given to other brothers; that reliance was also being placed on P. Mohanakala & Ors. (2007) 210 CTR (SC) 20 : (2007) 291 ITR 278 (SC) and on CIT vs. Durga Prasad More 1973 CTR (SC) 500 : (1971) 82 ITR 540 (SC). 5. The learned counsel for the assessee, on the other hand, supporting....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ineer in a reputed company; that the fact of gift was admitted by the donor in a duly sworn affidavit; that as per the affidavit, the gross salary of the donor was over 1,20,000 US Dollars; that the gift was stated to be for natural love and affection without any consideration; that it was stated to be a voluntary and irrecoverable gift; that it had been confirmed that the gift was given from an NRI a/c maintained in India; that the bank statement had been duly filed in the assessment proceedings; that therefore, the assessee had proved the creditworthiness and the genuineness of the transactions by documentary evidence; that the AO had been unable to show that the affidavit submitted by the donor was not genuine; that it was not the case o....
X X X X Extracts X X X X
X X X X Extracts X X X X
....O to facilitate the addition made. 9. The further contention on behalf of the Department to the effect that the assessee never made any reciprocal gift to the donor, though he was receiving gifts from him year after year and that the donor was making gifts to his brothers, who was running the firms and a company, but was not giving any gift to his other brothers, are not relevant to the issue. The fact remains that the gifts were from the assessee's real brother out of natural love and affection and Without consideration made by a donor whose capacity to make the gift stands proved. Thus, these objections, being irrelevant, are rejected. 10. Reliance by the Department of P. Mohanakala is also devoid of force, the facts therein being e....