TaxTMI 
TaxTMI 
2010 (6) TMI 497
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....1391/Ahd/2008 Asst. Year 1999-00 2. In this appeal the grounds raised by the assessee are as under :- (1) The ld. CIT(A) erred in confirming gift from Shri Vipinkumar S. Jain as non-genuine and thereby confirming the addition of Rs.50,000/-. (2) On the facts and circumstances of the case, the addition has been wrongly made. ITA No.1392/Ahd/2008 Asst. Year 2005-06 3. In this appeal the grounds raised by the assessee are as under :- (1) The ld. CIT(A) erred in confirming gift from Smt. Jashwantidevi as non-genuine and thereby confirming the addition of Rs.50,000/-. (2) On the facts and circumstances of the case, the addition has been wrongly made. ITA No.1393/Ahd/2008 Asst. Year 2000-01 4. In th....
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....ion of gifts but no other evidence was furnished. The AO was not satisfied about the identity of the donor or their creditworthiness and the genuineness of the gifts as no evidence was furnished before him. Accordingly he made the addition of Rs.2,50,000/-. 7. Before ld. CIT(A) it was submitted that in the case of Madhu R. Jain amount of gift was withdrawn by her from M/s Shila Textiles and was deposited in Andhra Bank from where necessary gift was made. The ld. CIT(A) accepted the gift in the case of Madhu R. Jain but confirmed the additions in respect of gifts received from Sushilaben and Manjulaben as they were found not established from Income-tax record. 8. Before us, ld. AR for the assessee submitted that Smt. Sush....
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....d the rival submissions and perused the material on record. In our considered view, there is no reason for interference in the order of ld. CIT(A). The assessee is required to discharge the onus of submitting complete details of gifts before the AO. She should have established (i) the identity of the donor; (ii) creditworthiness of the donor; (iii) genuineness of the transaction; (iv) occasion; (v) relationship of the donor and donee; (vi) evidence of natural love and affections. Merely because money is claimed to have been transferred through banking channel, it is not enough to establish the genuineness of gift. The human probability has to be considered as to why donor is prompted to give gift to the assessee. This question &....
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.... other in the hour of need; donee also giving gifts to the donors; or his family members in the past or also in future; they are so closely related that foregoing hard earned money is unlikely to pinch the donor; donor is standing on higher pedastral in terms of social status, in relation or in financial worth, or in any other rational criteria, which would make him feel to pass on his hard earned capital to the donee who stands on lower pedastral in any of the above criteria. In the present cases the assessee has failed to show that even after giving gifts to the assessee Smt Sushilaben and Smt. Manjulaben had enouth of their money. On the other hand, as per copy of account furnished, Smt. Sushilaben is left with Rs....
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....f declaration of the gifts. No other evidence was furnished. Before ld. CIT(A) assessee filed evidence of Shri Roshanal Sheshmal and his bank statement. He was found to be an I.T. assessee. Accordingly gift was accepted. However, in the case of Vipin Kumar Sheshmal no evidence was furnished, therefore, ld. CIT(A) confirmed the addition in respect of gift given by him. 12. We have heard the parties and carefully perused the material on record. Arguments taken by the parties in this case are as in the case of Savitaben, wife of assessee. It was claimed that money was transferred through banking channel, after transfer from account of the firm. It was submitted that Shri Vipinkumar Sheshmal is assessed to tax and filed the return of in....