2010 (7) TMI 36 - HC - Income Tax

Gift genuineness of gifts Held that - we find that not only was the genuineness of the two gifts established inasmuch as registered gift deeds were produced but also the statements of two donors along with the assessee were recorded. In fact the tribunal in the impugned order has concluded on facts that the identity and creditworthiness of the donors was proved beyond doubt. - as gifts were made by way of registered gift deeds as well as payments were made by way of account payee cheques and both the donors are income tax assesses it cannot be said that the gifts are not genuine

Summary

Issues:
1. Condonation of delay in re-filing the appeal.
2. Appeal under Section 260A of the Income Tax Act, 1961 against ITAT order regarding unexplained gifts received by the assessee.

Condonation of Delay:
The judgment begins with an application for condonation of delay of 197 days in re-filing the appeal, which is subsequently condoned by the court due to the reasons stated in the application. The application is disposed of accordingly.

Appeal Against ITAT Order:
The appeal under Section 260A of the Income Tax Act, 1961 pertains to an order passed by the Income Tax Appellate Tribunal (ITAT) concerning the assessment year 2001-2002. The counsel for the revenue argued that the ITAT erroneously deleted the addition of Rs. 60,00,000 made by the Assessing Officer on account of unexplained gifts received by the assessee, stating that the gifts did not meet the test of human probabilities.

Upon review, the court found that the genuineness of the gifts was established as registered gift deeds were produced, and statements of the donors and the assessee were recorded. The tribunal concluded that the identity and creditworthiness of the donors were proven beyond doubt. As the gifts were made through registered gift deeds and account payee cheques by income tax assesses, the court held that the gifts were genuine. Consequently, the appeal was dismissed with no order as to costs.

This detailed analysis of the judgment covers the issues of condonation of delay and the appeal against the ITAT order regarding unexplained gifts received by the assessee, providing a comprehensive overview of the court's decision and reasoning.