2013 (1) TMI 991 - AT - Income Tax

Summary

Issues Involved:
1. Condonation of delay in filing the appeal.
2. Reopening of assessment u/s 147/148 of the IT Act.
3. Addition of Rs. 1,50,000 on account of unexplained gift.

Summary:

1. Condonation of Delay:
The appeal was time-barred by 40 days. The assessee provided a medical certificate and affidavit explaining illness from 25th April 2011 to 7th June 2011. The learned Departmental Representative had no objection. The Tribunal condoned the delay, satisfied that the assessee was prevented by sufficient cause from filing the appeal within the limitation period.

2. Reopening of Assessment u/s 147/148:
The assessee challenged the reopening of the assessment under s. 147/148. The Tribunal noted that the assessee did not raise this issue before the AO or the CIT(A). The Tribunal cited the Hon'ble Allahabad High Court's decision in CIT v. Sahara India [2012] 347 ITR 331, emphasizing that legal issues can be raised at any stage but must be supported by reasons. The Tribunal found no bona fide omission or good reasons for not raising the grounds earlier and rejected the additional grounds of appeal.

3. Addition of Rs. 1,50,000 on Account of Unexplained Gift:
The assessee claimed to have received a gift of Rs. 1,50,000 from Shri Kiran Sharma. The AO reopened the assessment u/s 148, questioning the genuineness of the gift. The assessee failed to produce original documents, the donor, or evidence of the donor's capacity and relationship with the assessee. The Tribunal upheld the AO's addition, citing the assessee's failure to prove the identity, capacity, and genuineness of the gift. The Tribunal referenced several judgments, including CIT v. P. Mohanakala [2007] 291 ITR 278 and CIT v. Durga Prasad More [1971] 82 ITR 540 (SC), emphasizing that mere identification of the donor and banking transactions are insufficient without proving the donor's capacity and the genuineness of the gift. The Tribunal dismissed the appeal, concluding that the gift was not genuine and was an arranged affair to receive accommodation entry.

Conclusion:
The appeal of the assessee was dismissed on all grounds.