2013 (10) TMI 197

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.... judgement of the Income Tax Appellate Tribunal dated 30.04.2012. For the purpose of this order, we may notice facts as arising in Tax Appeal No. 817 of 2012. In such appeal, the Tribunal has framed following questions for our consideration:      "[A] Whether the Appellate Tribunal has substantially erred in not appreciating that no documentary evidences were furnished by th....

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....ther appeal, the Tribunal confirmed the view of CIT(A), in particular, the Tribunal held and observed as under:      "15. We have heard both the sides at some length. Undisputedly, a confirmation letter of Shri Biral M. Patel is on record, though undated. His copy of passport is also on record. At the outset, it was clarified before us that the AO has wrongly presumed that t....

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...., we hereby hold that such issue was dealt with by the Hon'ble Gujarat High Court in the case of Murlidhar Lahorimal (supra), wherein it was opined that the donor having confirmed the gift and explained the source therefore, the onus on the donor, i.e. the assessee u/s. 68 was discharged. Further, in the case of Nemichand Kothari (surpa) the Hon'ble Gauhati High court has opined that the burden of....

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....cerned, the Hon'ble Gujarat High Court's view is worth to record that the genuineness of the transaction is established having the transaction been made through bank and if revenue not satisfied with the sufficiency of funds of the donor, it was up to the revenue to take appropriate action and at best those could be the factors to be called upon from the donor, but that could not be a ground for d....