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1998 (8) TMI 120 - AT - Income TaxCash Credits, Minor Son, Penal Interest, Mandatory Chargeability, Speaking Order, Low Withdrawals For Personal Expenses
Issues Involved:
1. Addition of Rs. 25,00,000 under section 68 of the I.T. Act for a gift received by the assessee's son. 2. Addition of Rs. 48,000 for personal expenses. 3. Charge of interest under sections 234A, 234B, and 234C of the I.T. Act. Issue-wise Detailed Analysis: 1. Addition of Rs. 25,00,000 under section 68 of the I.T. Act for a gift received by the assessee's son: The assessee filed a return of income of Rs. 4,65,100, which included income from house property and other sources. The income of the assessee's minor sons was also clubbed with the assessee's income. The assessee's son received a gift of Rs. 25 lakhs from an NRI, Shri Jagjit Singh Kochar. The assessee provided various documents to support the genuineness of the gift, including a copy of the cheque, details about the donor, and the donor's financial capacity. However, the Assessing Officer (AO) did not accept the genuineness of the gift, citing that the assessee failed to establish the financial capacity of the donor and the genuineness of the gift. The AO noted that the families were not related, and the quantum of the gift was unusually large, casting doubt on its genuineness. The AO invoked section 68, deeming the receipt of Rs. 25 lakhs as the assessee's income from undisclosed sources. The assessee appealed, arguing that the gift was genuine and supported by sufficient evidence. The CIT(A) upheld the AO's decision, stating that the assessee failed to establish the genuineness of the gift and the financial capacity of the donor. The CIT(A) noted that the gift appeared to be made in undue haste and at a time when the assessee's family needed funds for investments. The assessee further appealed to the ITAT, submitting additional evidence, including letters and certificates from the donor's bank. Both the assessee and the revenue submitted additional evidence, which was admitted by the ITAT. The assessee argued that the gift was genuine, supported by banking channels, and the donor had the financial capacity to make such a gift. The assessee also relied on various judgments to support his case. The ITAT, after considering the submissions and evidence, concluded that the assessee failed to conclusively prove the genuineness of the gift and the financial capacity of the donor. The ITAT noted that the donor made several large gifts to various individuals, raising doubts about the genuineness of the transactions. The ITAT upheld the AO's decision to invoke section 68 and treat the amount as the assessee's income from undisclosed sources. 2. Addition of Rs. 48,000 for personal expenses: The AO noted that the assessee showed withdrawals of Rs. 10,434 for personal expenses, which seemed insufficient given the assessee's income, status, and family size. The AO estimated personal expenses at Rs. 4,000 per month, resulting in an addition of Rs. 48,000. The assessee argued that he lived in a joint family, and all expenses were borne by his father, who withdrew Rs. 64,000 during the year. The CIT(A) upheld the AO's decision, stating that the withdrawals were insufficient considering the assessee's income and status. The ITAT, after considering the submissions, upheld the addition, noting that the assessee failed to provide sufficient evidence to prove that the withdrawals were adequate for personal expenses. 3. Charge of interest under sections 234A, 234B, and 234C of the I.T. Act: The AO directed that interest be charged as per law. The assessee challenged this direction, arguing that the order was not a speaking order and was invalid. The CIT(A) upheld the AO's decision, stating that the direction to charge interest was valid and in accordance with the law. The ITAT, after considering the submissions, upheld the CIT(A)'s decision, noting that charging of interest is compensatory, mandatory, and automatic. The ITAT found no flaw in the AO's direction to charge interest as per law. Conclusion: The ITAT dismissed the assessee's appeal, upholding the additions made by the AO and the CIT(A) and confirming the charge of interest under sections 234A, 234B, and 234C.
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