TaxTMI 
TaxTMI 
2012 (3) TMI 144
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....o.386/P/09-10 dated 19.01.2011 is contrary to law and facts of the case. 2. That in the facts and circumstances of the case, the ld. CIT(A) gravely erred in sustaining the addition of Rs.21,07,513/- which represented the amount received as shoguns on behalf of his daughter Ms. Radhika Lal at the time of her marriage. 3. That in the facts and circumstances of the case, the ld. CIT(A) gravely erred in sustaining the addition of Rs.5,50,000/- on account of foreign traveling expenses for alleged personal use of the assessee. No such expenses were incurred by the assessee. 4. That without prejudice to the above, the addition is highly excessive. 5. Any other ground that may be taken up at the time of hearing with the permissio....
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.... categorical findings on the issue, which are reproduced hereunder : "2.3 In the submission the counsel has submitted that the gifts on account of daughter's marriage are not to be treated as income from other sources. As per Section mentioned above, any sum of money received on the occasion of the marriage of the individual is not to be included in income from other sources. However, this amount has been received on the occasion of assessee's daughter marriage and not on the marriage of the assessee, therefore it is to be treated as income from other sources of the assessee. Al l these payments have been received through cheques and credited in assessee's account. Therefore the aggregate gifts exceeding Rs.50,000/- are to be treated as ....
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....he ld. AO since none of the cheques are in the name of the daughter of the appellant Smt.Radhika Uppal . The counsel argued that the shoguns are never given to the bride but to her parents to which I agree to some extent but that is normally when one attends a wedding, the shoguns are given to the parents who receive the guests. But if someone sends a cheque for the bride, logically it should be in her name. 8. Secondly, I asked the counsel to produce some such evidence which could cl inch the issue in his favour, for instance bank entries/transfer whereby the money credited to appellant's bank account was transferred to daughter/spent on her wedding-basicaly I needed the utilization of these amounts received and secondly I had asked him....
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....eated in the hands of the appellant as such, the addition so made is therefore, confirmed, dismissing this ground of appellant." 9. A perusal of the provisions of Section 56(1) sub-clause (vi ) read with second proviso to Section 56(1) sub-clause (vii ) clearly reveals that the provisions of Section 56(1) shall not apply to any sum of money or any property received - "(b) on the occasion of the marriage of the individual". Sub-clause (b) of the said proviso clearly contemplates the sum of money or any property received by the individual on the occasion of his or her marriage. The language of the expression is very simple and clear and no other meaning can be assigned to the word "individual" appearing therein. Ld. 'AR' placed reliance on....
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....AR' does not support his contention. The assessee has failed to demonstrate non-applicability of the provision of Section 56(1) (vi ) read with second proviso thereunder. Further, routing transaction through banking channel represents merely movement of funds and not the genuineness of transactions, as held by the Apex Court in various decisions. It is also undisputed fact, as recorded by the AO, which remained unrebutted that the impugned gifts cheques were in the name of the assessee and not in the name of the assessee's daughter, whose marriage was solemnized and the quantum of such gifts were credited by the assessee to his bank account. It is also a fact that the sum of money received by the assessee were not transferred to the bank....