2012 (11) TMI 99 - AT - Income Tax

Addition of gift received Held that - In the case of cash gifts recorded in the books of the donee, mere identification of the donor and showing the movement of the amount through banking channels is not sufficient to prove the genuineness of the gift - In the ordinary course, a relative or a friend residing away at a distant place usually communicates with regard to his intention or proposed action with regard to giving away a gift with the proposed donee but no such evidence has been filed regarding relation and communication between the assessee-donee and the donor Mrs. Usha Batra - no special inquiry is required in the case of gift by the blood relative but in case of non-proved transaction of gift of a huge amount of Rs. 6 lakh from non-blood relatives or friend requires a close and careful scrutiny considering and taking into account all probabilities and attending circumstances - appeal of the assessee is dismissed.

Summary

Issues involved:
- Addition of gift amount received by the assessee
- Failure to provide sufficient evidence to prove the genuineness of the gift

Analysis:

Issue 1: Addition of gift amount received by the assessee
The appellant contested the addition of a gift amount of Rs.6,00,000 received from Smt. Usha Batra, arguing that the Assessing Officer erred in not delving into the details and facts of the case and not providing a fair opportunity. The Assessing Officer treated the amount as unaccounted money routed through an entry provider, adding it to the assessee's income from undisclosed sources. The CIT(A) upheld this decision, stating that direct and circumstantial evidence indicated the gift was non-genuine. The CIT(A) referred to the decisions in the cases of P. Mohanakala and Sumati Dayal to support the conclusion that the appellant failed to prove the genuineness of the gift. The Hon'ble Supreme Court's judgment emphasized the importance of proper explanations and the Assessing Officer's objective assessment based on available material.

Issue 2: Failure to provide sufficient evidence to prove the genuineness of the gift
The appellant failed to establish the relationship or special bond with the donor, Smt. Usha Batra, to substantiate the genuineness of the gift. Despite submitting an affidavit and gift deed, the appellant did not produce the donor for verification. The Hon'ble Jurisdictional High Court of Delhi's decision in the case of CIT vs Anil Kumar highlighted the necessity for the donee to prove not only the donor's identity but also their financial capacity and the nature of their relationship. In this case, the appellant did not discharge the burden of proving the genuineness of the gift, as required under Section 68 of the Income Tax Act. The absence of evidence regarding communication and intention between the donor and donee further weakened the appellant's case. The Tribunal concluded that without establishing the genuineness of the gift and the donor's creditworthiness, the addition made by the Assessing Officer was justified.

In conclusion, the tribunal dismissed the appeal, stating that the appellant failed to meet the burden of proving the genuineness of the gift, as required by law. The decision was based on the lack of evidence supporting the relationship between the donor and donee, the donor's creditworthiness, and the communication regarding the gift. The tribunal upheld the findings of the CIT(A) and the Assessing Officer, emphasizing the importance of providing sufficient evidence to support claims in tax matters.