2006 (7) TMI 160 - HC - Income Tax

Unexplained income - Addition made on account of gifts - failed to discharge the onus to prove - identity of creditor and genuineness of the transaction - authorities are perverse - HELD THAT - Before this court the assessee has placed on record some affidavits to support his plea that the amount was remitted by certain persons from abroad on some family function claiming them to be his family relations. Neither the relation was mentioned nor occasion of the gifts. We find that findings of the Tribunal are in the nature of findings of fact giving rise to no question of law much less a substantial question of law. The view taken by the Tribunal in the given facts is a possible view. Accordingly the appeal is dismissed.

Summary

Issues:
- Appeal filed by assessee regarding addition made on account of impugned gifts
- Justification of Income-tax Appellate Tribunal's decision
- Perversity of findings by Income-tax Appellate Tribunal
- Misdirection by Income-tax Appellate Tribunal in deciding the genuineness of gifts

Analysis:
1. The appeal raised substantial questions of law concerning the addition made on account of impugned gifts by the Income-tax Appellate Tribunal. The assessee failed to explain the source of credit entries in the joint account, leading to the treatment of cash credits as unexplained income under section 68 of the Income-tax Act, 1961. The peak amount of Rs. 47,752/- was credited to the income of the assessee due to the inability to prove the identity, capacity, and genuineness of the creditor.

2. The Commissioner of Income-tax (Appeals) found discrepancies in the explanations provided by the assessee regarding the gifts received. Despite claiming the gifts were received on the occasion of a family marriage, the assessee could not substantiate the genuineness of the transactions. The plea of gifts from friends and relatives residing abroad was deemed false, leading to the upholding of the additions in the income of the assessee.

3. The Tribunal rejected the pleas raised by the assessee, noting factual inaccuracies in the claims made. The failure to establish the genuineness of the transactions and the source of credit resulted in the additions being upheld. Fresh evidence presented before the Tribunal was considered, but the additions were maintained due to inconsistencies in the explanations provided by the assessee.

4. The primary contention of the assessee regarding the perversity of findings was dismissed by the court, emphasizing the need for substantial questions of law to interfere with Tribunal decisions. Citing precedent, the court highlighted that findings of fact by the Tribunal were valid and based on the available evidence, making the appeal unsustainable.

5. In conclusion, the court upheld the Tribunal's decision, stating that the findings were based on possible views and did not give rise to any substantial question of law. The appeal was dismissed, affirming the additions made on account of the impugned gifts.