2013 (5) TMI 306 - AT - Income Tax

Unexplained gifts - Held that - Assessee has discharged its onus by filing confirmations from the donors, copies of acknowledgment of returns of the relevant assessment year, copies of PAN card, copies of bank statements and also contra confirmation that these loans were out of the amounts received from earlier loans advanced to other parties, which was returned by these parties. Once this is the position and none of the authorities below have gone into the details and not doubted the genuineness of the transaction or the creditworthiness of these donors, nothing remains after the decision of M/s. Dataware Private Limited (2011 (9) TMI 175 - CALCUTTA HIGH COURT) wherein held that in the absence of any enquiry from the AO of the donors, the AO cannot make the addition in the hands of the assessee by treating the gifts received by assessee as unexplained. In favour of assessee.

Summary

Issues:
Addition of unexplained gifts received by the assessee from two individuals.

Analysis:
The appeal before the Appellate Tribunal ITAT Kolkata concerned the addition of unexplained gifts received by the assessee from two individuals. The CIT(A) had confirmed the addition made by the Assessing Officer (AO) in respect of gifts received from Shri Joy Prakash More and Shri Kailash Kumar Khater, each amounting to Rs. 1 lakh. The AO raised concerns regarding the credibility of the donors based on their income and the amounts gifted. Despite the assessee providing details and documentation, the AO observed that the preliminary onus had not been discharged as the donors could not be produced for verification.

Upon hearing rival submissions and examining the facts, the Tribunal noted that the assessee had submitted a comprehensive paper book containing affidavits of the donors, bank statements, PAN cards, and other relevant documents. The assessee also presented additional evidence related to loan refunds and ledger accounts. The Tribunal considered a pertinent case law of the Calcutta High Court, emphasizing the importance of verifying transactions with income tax assesses and not doubting genuine transactions without proper inquiry.

Relying on the evidence provided by the assessee and the legal principles highlighted in the case law, the Tribunal held that the assessee had discharged its onus by establishing the genuineness of the gifts and the creditworthiness of the donors. The Tribunal emphasized that in the absence of any inquiry from the AO of the donors, additions cannot be made in the hands of the assessee. Consequently, the Tribunal allowed the appeal of the assessee, deleting the addition of unexplained gifts.

In conclusion, the Tribunal's decision was based on the assessee's fulfillment of the onus through substantial evidence and adherence to legal principles outlined by the Calcutta High Court. The Tribunal emphasized the importance of proper verification and inquiry before making additions in such cases, ultimately ruling in favor of the assessee and allowing the appeal.