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TMI Blog2010 (4) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... reditworthiness of the donor but the assessee had failed to adduce any proof in this regard - The onus then could not have been shifted to the Assessing Officer without dealing with the findings recorded by the subordinate authorities - Hence, the Tribunal has failed to undertake the aforesaid exercise and the impugned order is thus vitiated in law - 287 of 2009 - - - Dated:- 5-4-2010 - MEHTA D. A., DEVANI H. N. MS., JJ. JUDGMENT D. A. Mehta J.- On March 8, 2010 the following order was made : "1. Heard learned senior standing counsel for the appellant-Revenue. 2. Notice for final disposal returnable on March 30, 2010. (Sd.) . . . . . . . . . . . . . . . . . . . . . . D. A. Mehta and H. N. Devani JJ." 2. Hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out of various documents filed before the Commissioner (Appeals) only one of the documents, namely, certificate by the chartered accountants had been considered by the Commissioner (Appeals) and for this reason also, the impugned order made by the Tribunal was not required to be interfered with. 6. As can be seen from the facts on record the assessee received gift worth Rs. 15,00,000 from one non-resident Indian Shri Sajabhai Ajabhai Karia of Al Fahidi Street, Khor, Dubai. The Assessing Officer came to the conclusion that the assessee had failed to prove sound financial capacity of the said donor; had failed to establish the circumstances leading to gift ; and had failed to establish that the money was received as gift only. The explan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leading to friendship of natural love and affection could be shown by the appellant. The donor went to Dubai in the year 1998, and within a period of less than 2 years i.e. May, 2000, he made a gift of Rs. 15 lakhs to the appellant. There is no evidence to show that within such a short time he became so rich to gift this amount to a near stranger and unrelated person . . . " 8. When one goes through the impugned order of the Tribunal it becomes apparent on reading paragraphs 9 and 10 of the order that the findings recorded in paragraph 10 are not borne out from the orders of the sub-ordinate authorities. The Tribunal has failed to appreciate that the Assessing Officer had granted opportunity to the assessee to prove the genuineness of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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