2012 (8) TMI 300 - AT - Income Tax

Addition u/s 68 - gifts received from NRI - Held that - It is observed that assessee discharged onus of providing relationship with donor, his identity, capacity and other necessary conditions through producing donor himself, his confirmation as well as proof of relation, bank statement, passport details, salary certificate. Accordingly, we hold that the assessee s plea of having received gift deserves acceptance. Addition u/s 68 - unsecured loans - Held that - Assessee has to prove capacity of the creditor as well as to establish creditworthiness of the transaction with some supporting evidence. In this case, only identity of the creditors has been established and not creditworthiness in lending the money. Therefore, in absence of evidence to prove relationship as well as proof of credit paid to the assessee, addition is confirmed - Decided partly in favor of assessee.

Summary

Issues:
1. Disallowance of gifts received from NRI
2. Addition under section 68 for unsecured loans received from parties

Issue 1: Disallowance of gifts received from NRI
The appellant contested the disallowance of gifts totaling Rs. 1,92,000 received from an NRI donor. The Assessing Officer (AO) rejected the gifts, citing lack of proof of the donor's income and creditworthiness, leading to an addition under section 68. In the appeal, the appellant submitted additional evidence including the donor's salary certificate, but due to non-appearance in remand proceedings, the evidence was not admitted. The ld CIT (A) upheld the AO's decision, emphasizing the lack of proof of the donor's creditworthiness and genuineness of the transaction. The appellant argued that the donor was a close relative and had fulfilled all requirements for a valid gift. The ITAT, after reviewing the evidence, found that the necessary elements for a gift were satisfied, and the appellant's plea was accepted.

Issue 2: Addition under section 68 for unsecured loans received from parties
The AO disallowed the unsecured loans of Rs. 1,45,000 from three parties, questioning their credibility as non-taxpayers without bank accounts. The ld CIT (A) concurred with the AO, noting discrepancies in the names of the creditors and lack of verification. The appellant contended that the source of credit and capacity of creditors were proven, but the ITAT found that only the identity of the creditors was established, not their creditworthiness. As a result, the appellant's plea was rejected, and the addition under section 68 was confirmed.

In conclusion, the ITAT partially allowed the appeal, accepting the gifts received from the NRI donor while confirming the addition for unsecured loans from parties due to insufficient evidence of creditworthiness.