2007 (10) TMI 439

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.... "(1) That the order of the Ld. Commissioner of Income-tax (Appeals) in confirming the additions of Rs. 4,36,205 made by the Assessing Officer without going into the merits of the evidence on record is erroneous both on facts and in law and addition made as result thereof needs to be set aside. (2) That the Ld. CIT(A) has gone wrong both on facts and in law in confirming the addition on the premise that the Shoguns received at the time of marriage of the daughter were received much after the date of marriage i.e., 10-11-1991. This in fact is contrary to the evidence on record like certificate and pass books issued by the Bank. The difference is the time for collection of funds by the bankers from abroad. Summarily rejection of the clai....

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....r of the assessee in foreign exchange from friends and relation at the time of her marriage. The gift received from relatives and friends were not accepted by the Assessing Officer and he added the same in the taxable income of the assessee and the same was confirmed by the Ld. CIT(A). 4. We have considered the rival contentions, carefully gone through the orders of the lower authorities as well as detailed material placed on record. From the record we found that at the time of the marriage of the daughter, she had received the following gifts in foreign currency from relatives and family friends : Name Amount Relationship Remarks Anil Sood US$ 5000 Maternal Uncle Bank Certificate and letters filed Karuna/Vimal....

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....mary in Indian marriage to enable the sister to meet the expenses of daughters marriage. The amount was received by cheques and duly credited to her account. The genuineness of the same cannot be doubted and addition of the same as being assessee's income from undisclosed sources is bad in law. We had duly verified the copies of documents as placed on record consisting of demand drafts sent by Anil Sood in favour of Mrs. Shobha Sethi and Ms. Arti Sethi for US$ 5,000 each, copy of letter dated 5-11-1991 written by Mr. Anil Sood addressed to Ms. Arti Sethi forwarding demand draft for US$ 5,000 at the same time of her wedding, copy of FIRC issued by Bank of India showing realization of demand draft of US$ 5,000 in Ms. Arti Sethi's account, cop....