2015 (7) TMI 403

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....inafter referred to as "the Act"). 3. Briefly stated the facts of the case are that the assessee received three gifts totaling Rs. 17 lacs as under:   Name of the donor Date of gift Amount 1. Sh. Manmeet Pal Singh 29.08.2002 Rs. 8 lacs 2. Sh. Harminder Singh 20.06.2002 Rs. 7 lacs 3. Sh. Parveen Kumar 17.05.2002 Rs. 2 lacs   4. On being called upon to substantiate the genuineness of these credits, the assessee stated that the above amounts represented gifts from different donors, the first two being, Non-Resident Indians and the third one being, an Indian. In support of the genuineness of the gifts from each of the NRI donors, the assessee filed the following documents: a)....

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....a copy of gift deed; a copy of affidavit by the donor duly attested by the Notary; and a copy of bank statement of the assessee (wherein the gifted amount was deposited and ultimately credited to her account). The Assessing Officer refused to accept the genuineness of the gift by holding that the assessee failed to establish the identity of the donor inasmuch as ration card and PAN can also be fraudulently obtained. As regards the other two gifts received from non-resident donors, the Assessing Officer directly obtained copy of their bank NRE accounts from the Citi Bank. On perusal of such bank statements, it was noticed that Sh. Manmeet Pal Singh allegedly gifted a sum of Rs. 8 lacs to the assessee on 29.08.2002 after getting a deposit of ....

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....ctor adversely reported about the nonavailability of Sh. Parveen Kumar on the given address, it was thereafter that the assessee submitted a copy of ration card and PAN card evidencing the address of Sh. Parveen Kumar in support of the correctness of address already given. Without making any further investigation as to the veracity of the address given in these documents, the Assessing Officer rejected the assessee's contention, which course of action is untenable as per law. It is further evident that the assessee furnished copy of income tax return and wealth tax return of this person along with the affidavit from the donor, which have not been refuted by the Assessing Officer. If the Assessing Officer was not satisfied with the genui....