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TMI Blog2010 (6) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... three appeals are filed by two different assessees against the orders of ld. CIT (A) dated 13/12/2007 and 12/12/2007. Since the assessees are of the same group and the issues involved in these appeals are common, these are taken up together for the sake of convenience. ITA No.1391/Ahd/2008 Asst. Year 1999-00 2. In this appeal the grounds raised by the assessee are as under :- (1) The ld. CIT(A) erred in confirming gift from Shri Vipinkumar S. Jain as non-genuine and thereby confirming the addition of Rs.50,000/-. (2) On the facts and circumstances of the case, the addition has been wrongly made. ITA No.1392/Ahd/2008 Asst. Year 2005-06 3. In this appeal the grounds raised by the assessee are as under :- (1) The ld. CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... three persons as above. He required the assessee to furnish confirmation of the gifts received along with evidence of creditworthiness and natural love of affections out of which gifts have been given. The assessee furnished copy of the declaration of gifts but no other evidence was furnished. The AO was not satisfied about the identity of the donor or their creditworthiness and the genuineness of the gifts as no evidence was furnished before him. Accordingly he made the addition of Rs.2,50,000/-. 7. Before ld. CIT(A) it was submitted that in the case of Madhu R. Jain amount of gift was withdrawn by her from M/s Shila Textiles and was deposited in Andhra Bank from where necessary gift was made. The ld. CIT(A) accepted the gift in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of relief given in the case of gift given by Madhu R. Jain has not been filed because of low revenue effect and it is not a case that department has accepted the gift given by Madhu R. Jain. 10. We have considered the rival submissions and perused the material on record. In our considered view, there is no reason for interference in the order of ld. CIT(A). The assessee is required to discharge the onus of submitting complete details of gifts before the AO. She should have established (i) the identity of the donor; (ii) creditworthiness of the donor; (iii) genuineness of the transaction; (iv) occasion; (v) relationship of the donor and donee; (vi) evidence of natural love and affections. Merely because money is claimed to have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The bondage between the donor and the donee should be shown by frequent visits of each other; involvement of each other into family affairs; standing for each other in the hour of need; donee also giving gifts to the donors; or his family members in the past or also in future; they are so closely related that foregoing hard earned money is unlikely to pinch the donor; donor is standing on higher pedastral in terms of social status, in relation or in financial worth, or in any other rational criteria, which would make him feel to pass on his hard earned capital to the donee who stands on lower pedastral in any of the above criteria. In the present cases the assessee has failed to show that even after giving gifts to the assessee Smt Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for giving gifts then assessee only submitted copy of declaration of the gifts. No other evidence was furnished. Before ld. CIT(A) assessee filed evidence of Shri Roshanal Sheshmal and his bank statement. He was found to be an I.T. assessee. Accordingly gift was accepted. However, in the case of Vipin Kumar Sheshmal no evidence was furnished, therefore, ld. CIT(A) confirmed the addition in respect of gift given by him. 12. We have heard the parties and carefully perused the material on record. Arguments taken by the parties in this case are as in the case of Savitaben, wife of assessee. It was claimed that money was transferred through banking channel, after transfer from account of the firm. It was submitted that Shri Vipinkumar Sheshma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 511351 80,000 Total 2,80,000/- The assessee filed only copy of gift declaration before the AO and no other evidence was filed. Before ld. CIT (A) assessee filed the copy of bank statement of Smt. Jashwantidevi showing transfer of money to assessee. 15. The arguments of ld. AR the ld. DR were the same as in the case of Smt. Savitaben discussed above. For the reasons discussed by us in the case of Savitaben, we hold that firstly the assessee did not discharge the onus; he did not furnish any evidence about the identity and creditworthiness before the AO and secondly genuineness of gift was not at all established. As a result, we confirm the addition and appeal filed by the assessee is dismissed. 16 I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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