2012 (8) TMI 954

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....ises out of order dated 23.12.2010 of the Income Tax Appellate Tribunal, Ahmedabad Bench 'A', passed in ITA No. 1710 of 2008 for the Assessment Years 2004-2005 1.1 Following questions are raised by the appellant proposing them as substantial questions of law. "(i) Whether, in the facts and circumstances of the case, the Income Tax Appellate Tribunal is right in law in holding t....

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.... (iv) Whether in the facts and circumstances of the case the Income Tax Appellate Tribunal was right in law in concluding without discussing the findings reached by the other authorities and finding the same to be erroneous as "it was a duty of the Tribunal to ascertain the reasons which were given by the Commissioner (Appeals) in whose order, the order of the Assessing Officer had merged" before....

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....ing failed to produce any such document, the amount of gift was treated as unexplained cash credit under section 68 of the Act and was added to the income for the purpose of tax. 3.1 The assessee preferred appeal before the Commissioner of Income Tax (Appeals). The CIT(A), however, deleted the addition and accordingly allowed the appeal of the assessee holding that the assessee had produced the....

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....st of human probabilities".... It is clearly established that the assessee has failed to prove creditworthiness of the donor and genuineness of the gifts in the matter....." 4. From the facts it was disclosed that the assessee had furnished the gift deed, bank certificate, copy of passport as well as copy of return of income filed by the donor. These documents would sufficiently establish the i....