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2004 (7) TMI 59 - HC - Income TaxAddition of Rs. 1 lakh, gift received from Smt. Asha Devi Singhi - Income From Undisclosed Sources - Considering the detailed reasons given by the Commissioner of Income-tax (Appeals), especially the fact that in spite of his direction, the donor has not been examined through a commissioner by the Assessing Officer, though Smt. Asha Devi Singhi has given the affidavit to this effect and also the declaration that she has given the gift of Rs. 1 lakh to the assessee. - donor was impressed by his grandmother, who was a Sadhvi in Jain Dharam and donor also visited so many times to Jaipur and stayed with his family and gift has been given. On these admitted facts and the reasons given in detail by the Commissioner of Income-tax (Appeals), we see no reason to confirm the view taken by the Tribunal. Even merely on conjectures and surmises, such gifts cannot be treated as not genuine. Therefore, we are of the view that the gift is genuine and the Tribunal has committed an error in restoring the addition of Rs. 1 lakh that for no justification.
Issues Involved:
1. Genuineness of the gift of Rs. 1 lakh received by the assessee. 2. Compliance with procedural directions by the Assessing Officer. 3. Justification for restoring the addition by the Tribunal. Detailed Analysis: 1. Genuineness of the Gift: The primary issue revolves around the genuineness of the Rs. 1 lakh gift received by the assessee from Smt. Asha Devi Singhi. The assessee claimed the gift was genuine, supported by a declaration and an affidavit from the donor. The Income-tax Officer of Sikkim also certified that Smt. Asha Devi Singhi was an income-tax and sales tax assessee. However, the Assessing Officer reopened the assessment and added Rs. 1 lakh to the income, treating the gift as not genuine. The Commissioner of Income-tax (Appeals) (CIT(A)), in the first instance, set aside the assessment and directed a re-examination of the gift's genuineness, including issuing a commission to examine the donor in Sikkim. 2. Compliance with Procedural Directions: The CIT(A) directed the Assessing Officer to make proper enquiries and issue a commission to examine the donor. However, in the reassessment, the Assessing Officer did not issue a commission to examine Smt. Asha Devi Singhi directly but to the Assistant Commissioner of Income-tax, Gangtok, who confirmed that while Smt. Asha Devi Singhi was an income-tax assessee, she was unaware of the gift. The CIT(A), upon reassessment, found that the directions were not properly complied with, as the donor was not examined through a commissioner, and deleted the Rs. 1 lakh addition again, citing lack of evidence to disprove the genuineness of the gift. 3. Justification for Restoring the Addition by the Tribunal: The Tribunal restored the addition, referencing a main order in the case of another donee, Padam Prakash Khandaka, concluding that the gift was not genuine as it was not given from the donor's own funds. The Tribunal's decision was challenged on the grounds that the CIT(A) had provided detailed reasons for deleting the addition, including the donor's affidavit, declaration, and certification from the Income-tax Officer of Sikkim. The High Court noted that the Assessing Officer failed to examine the donor through a commissioner as directed and relied on conjectures and surmises to treat the gift as not genuine. Conclusion: The High Court concluded that the detailed reasons given by the CIT(A) were justified and that the Tribunal erred in restoring the addition of Rs. 1 lakh without proper justification. The Court emphasized that procedural directions were not followed, and the evidence on record supported the genuineness of the gift. Consequently, the appeal was allowed, and the addition of Rs. 1 lakh was deleted.
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