2002 (11) TMI 24

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.... assessment year 1993-94. The following questions, stated to be substantial questions of law have been proposed in the appeal memo: "(1). Whether, on the facts and circumstances of the case, the Tribunal was justified in law in holding that the amount of Rs. 3 lakhs received by the assessee/appellant is not in the nature of gift but is an income from undisclosed sources" (2). Whether, under the facts and circumstances of the case, the Tribunal was justified in law or true interpretation of the provisions of law under section 68 or under section 69 in holding that as per the requirement of raw the appellant has not discharged the burden on him in respect of the said transaction of gift and arriving at the conclusions which ....

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....essee, indicated that he was not in India during that period to execute the affidavit and get it attested by the notary. In the light of the facts emerging from the investigations, the Assessing Officer required the assessee to prove that the gift deed or the affidavit were executed and affirmed at New Delhi particularly when the signatures of Subhash Sethi on the passport, the affidavit and the gift deed were not tallying. Besides, during the course of these proceedings, information was also received by the Assessing Officer that the said Sub hash Sethi had sent a letter to the Directorate of Enforcement, New Delhi, wherein he had denied having deposited or remitted any amount in the said NRE account and also stating that he had not made a....

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....of the documents by the deponent do not tally; (ii) the date on which the notary notarises the document, he affirms that on the said date, the deponent was present before him and accordingly, Mr. Subhash Sethi, the deponent, on the said date should have been present in India at New Delhi, but his passport showed that he was not in India on that date; (iii) on comparison of the signatures as appearing on the gift deed notarised on a certain date and the signatures in the passport of Mr. Sub hash Sethi, the conclusion of the Assessing Officer that the signatures on the two do not tally; (iv) the Assessing Officer's finding that the signatures of the donor, Mr. Subhash Sethi, on the gift deed and the passport do not tally juxtaposed with t....