2010 (8) TMI 532

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sideration :- "Whether ITAT was correct in law in not accepting the genuineness of the gift without examining and appreciating the evidence in support of the same on the ground that documents submitted were not in its opinion properly executed and/or duly certified? 3. The filing of paper book is dispensed with. With the consent of the learned counsel for the parties, we have heard the matte....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....been proved. CIT(A) also upheld the addition. 5. The appellant thereafter preferred an appeal before the Income-tax Appellate Tribunal, which has also been rejected by the Tribunal. Against the order of the Tribunal dated 31-7-2007, the present appeal is preferred raising the aforesaid question of law. 6. The following facts are not in dispute:-    1.  The identify of Mrs. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....signed by the officer of the High Commission of India in Canada. Copy of the computer generated statement was also not considered, observing that the name of the account holder and the account number had been written in handwriting and it is not clear as to who had certified the same. On this basis, the Tribunal though accepted the identity of Mrs. Madan Mohini Jain and her relationship with the a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....a since 1974; she herself worked in Canada for 20 years and has recently taken retirement; she owns residential property and was having an investment in real estate generating rental income of over US$ 2400.00 per month; she also maintains investments in stocks and bonds and in long term bank deposits. If these averments made in the affidavit are correct and the transaction in question is supporte....