2007 (7) TMI 289 - HC - Income Tax

Income from undisclosed sources - gift from non-resident Indian - assessee was not able to prove the capacity of the donor to make the gift - plea of gift for the treatment of the assessee on account of his ill health has remained unsubstantiated - it is well-settled that mere identification of the donor or receipt of amount through banking channel is not sufficient to satisfy the requirement of a genuine gift - Tribunal was correct in law in confirming the addition of Rs. 4 lakhs received by the assessee/appellant as a bogus gift

Summary

Issues Involved:
Challenge to addition of Rs. 4 lakhs on account of non-resident Indian gift received by the assessee for the assessment year 1997-98 under the Income-tax Act, 1961.

Detailed Analysis:

Issue 1: Addition of Rs. 4 lakhs as non-resident Indian gift
- The Assessing Officer included Rs. 4 lakhs in the assessment, claiming it as a gift from a non-resident Indian, which the assessee had to prove.
- Reasons for refusal to accept the gift as genuine included absence of occasion for the gift, unproven credentials and status of the donor, lack of relationship between donor and donee, absence of RBI permission, and donor not falling under the relative definition.
- The Commissioner of Income-tax (Appeals) deleted the addition, citing the assessee's knowledge of the donor's family, friends, and the purpose of the gift due to the assessee's ill health. The donor's capacity to gift was acknowledged.
- However, the Tribunal reversed this decision, emphasizing the burden of proof on the assessee to establish the identity, creditworthiness, and genuineness of the credit. Previous judgments were cited to support this stance.
- The Tribunal found the occasion for the gift and the donor's financial capacity not adequately proven, despite some evidence presented. The Tribunal set aside the Commissioner's decision, reinstating the addition.

Issue 2: Burden of proof and genuineness of the gift
- The Tribunal's detailed reasons highlighted the lack of established occasion for the gift, unsubstantiated claims of the gift being for the assessee's health, and failure to prove the donor's financial capacity.
- The Tribunal held that the mere identification of the donor and banking channel transactions were insufficient to prove a genuine gift, citing legal precedents.
- The Tribunal dismissed the appeal, stating that the questions of law raised were based on presumptions contrary to its findings. The capacity and credibility of the donor were not adequately proven, leading to the dismissal of the appeal.

In conclusion, the High Court upheld the Tribunal's decision, emphasizing the importance of proving the occasion for a gift, the donor's financial capacity, and the genuineness of the transaction beyond mere identification and banking records. The burden of proof lies with the assessee to establish these crucial aspects to validate a claimed gift under the Income-tax Act.