2013 (11) TMI 121

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ining to the assessment year 2002-03.   The grounds of appeal read as under : (i) That the lower authorities have erred in law and on facts in making addition of Rs. 2,00,000 under section 68 of the Income-tax Act, 1961 without any justification and material on record.   (ii) That the lower authorities have erred in law in ignoring the documents filed by the appellant, while com....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....py of gift deed, copy of income-tax return. The Assessing Officer noted that the learned authorised representative could not prove the creditworthiness of the donor and his capacity to give a gift of Rs. 2 lakhs. The Assessing Officer proceeded to add Rs. 2 lakhs as unexplained cash credit under section 68 of the Income-tax Act. Upon the assessee's appeal, the learned Commissioner of Income-tax....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dit. Against the above order the assessee is in appeal before me. I have heard the learned Departmental representative. None appeared on behalf of the assessee. However, in my considered opinion, the matter can be disposed of by perusing the records and hearing the learned Departmental representative. I find that the assessee in this case has received a gift of Rs. 2 lakhs from a person who ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... CIT [2007] 294 ITR 488 (Delhi) has held that in a case where two donors had absolutely no connection with the assessee and they made gifts to the assessee only because he needed money to buy a house and they wanted to help him. It was held that this was not only quite unusual but also quite unnatural. It was incredible that a complete stranger would want to gift lakhs of rupees to a person only ....