2013 (7) TMI 659

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....ocate ORDER Rajive Bhalla , J. (Oral):- By way of this order, we shall dispose of ITA Nos.255, 250, 252, 256 and 497 of 2005 and ITA No.354 of 2006 as they involve adjudication of the same questions law. For the sake of convenience, facts are being taken from ITA No.255 of 2005. The revenue has preferred this appeal, under Section 260A of the Income Tax Act, 1961 (in short the Act), against ....

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....aw:- 1. Whether on the facts and circumstances of the case the learned ITAT was right in law deleting the addition of Rs.2 lacs made by the assessing officer on account of alleged NRI gifts when neither the financial capacity of the alleged donor nor relationship with the assessee nor e event for making the alleged gifts are proved on record? 2. Whether on the facts and circumstances of the case....

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....t as the revenue has not discharged the onus, to establish that the assessee has not offered any explanation or that the explanation furnished is not satisfactory, the matter may be remitted to the assessing authority for adjudication afresh in accordance with Sections 68 and 69 of the Act. Counsel for the respondent submits that a perusal of the order passed by the assessing authority reveals, th....