2011 (2) TMI 866

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....following substantial questions of law have been claimed by the Revenue for determination by this Court:   1- Whether on the facts and circumstances of the case, the learned ITAT was right in law in deleting the addition Income Tax Appeal No. 953 of 2008 -2- of Rs. 7,50,000/- made by the assessing officer on account of alleged NRE gifts when neither the financial capacity of the alleged donor nor relationship with the assessee nor the event for making the alleged gifts are proved on record?   2- Whether on the facts and circumstances of the case, the learned ITAT was right in law in deleting the addition of Rs. 1,50,000/- made by the assessing officer on account of commission paid by the assessee for arranging the bogus NRE ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t in order to prove that the gift received in the above manner was genuine, the assessee was required to establish that the gift was for natural love and affection and the donor had the means to give the gift. It was held as under:-   "The Assessing officer received information of a scandal being carried out by some Chartered Accountants by giving cheque or draft in lieu of cash received. The assessee failed to produce the donor as also his bank statement to prove that gift was actually given by the assessee. Financial capacity of the donor was also not established. The assessee, thus, failed to discharge onus which was on him. Reliance has been placed on judgment of this Court dated 15.9.2006 in ITA No.256 of 2006 Shri Jaspal Singh....