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2022 (11) TMI 665

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.... (Addl.CIT) - Ld. DR ORDER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2014-15 arises out of the order of learned Commissioner of Income Tax (Appeals)-1, Madurai [CIT(A)] dated 19-02-2019 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s.143(3) of the Act on 30-12-2016. The sole ground urged before us is the confirmatio....

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....ly, the transaction was subjected to scrutiny of Ld. AO. 3.2 The donor confirmed that the gift was out of love and affection for the welfare of brother's son and his family. As per donor's instructions, the gift was transferred through bank by his .son and daughter-in-law residing at Singapore as non-resident (NRI). 3.3 However, the evidence of relationship, copy of return of income of donor was....

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.... added to the income of the assessee. Appellate Proceedings 4. During appellate proceedings, the assessee, inter-alia, submitted that the assessee's uncle confirmed the transaction of gift through his letter dated 05.12.2016 and the gift has been transferred by his son and daughter-in-law under his instruction for the welfare of the assessee and his family. The assessee also submitted that the i....

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....e' within the meaning of Sec.56(2)(vii) and accordingly, the grounds raised by the assessee were dismissed. Aggrieved, the assessee is in further appeal before us. Our findings and Adjudication 6. It is undisputed position that had the gift been received by the assessee directly from the uncle, the same would not fall within the mischief of Sec.56(2)(vii) since the term 'relative' include brothe....