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TMI Blog2012 (7) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... gift to a total stranger so that it defies human probabilities of conduct. The gift has been made through banking channel, thus, its genuineness has also been proved. Hence, all the three ingredients of section 68/69 have been proved on a prima facie basis. Consequently it is held that the gift is genuine - Decided in favor of assessee. - I.T.A No. 1453/Del/10 - - - Dated:- 29-6-2012 - SHRI U.B.S. BEDI, AND SHRI K.G. BANSAL, JJ. Appellant by: Shri Dharam Taneja, CA Respondent by: Ms. Y. Kakkar, DR ORDER PER K.G. BANSAL, AM: The assessee has taken up 7 grounds in the appeal challenging the notice u/s 148, addition of the amount of Rs.1,68,120/- to the total income and charging of interest u/s 234A and 234B. Howe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orthy person. 3. Before us, the Ld. Counsel for the assessee referred to page numbers 2,3,4,11 14. These pages contain the identity of the donor, certificate of foreign inward remittance issued by bank of Punjab Limited, declaration of gift made by the donor and verified by the notary public, Florida, the decision of Hon ble Delhi High Court in the case of Ujjagar Singh in ITA 621/2009 dated 4.9.2009 and Mrs. Kusum Gupta in ITA No. 831/2010 dated 16.7.2010. It is submitted that the identity of the donor stands proved in view of identification card issued by Transport authorities at Florida and the notarised declaration of the donor. The declaration states that gift has been given out of personal source of income. The amount involved is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The assessee has not proved any evidence regarding creditworthiness. No occasion has also been mentioned for making gift. The donor has also made a gift of US $ 1200 to the relative of the assessee Shri Har Charan Singh. Therefore, it is a case of laundering money. The assessee has filed no evidence to prove the creditworthiness of the donor and genuineness of the transaction, apart from establishing his identity. The former two ingredients have not been proved. Therefore, the gift is not genuine and the credit in the account remains unproved u/s 68. 5. In order to support her contention, reliance was placed a number of decisions which are discussed here under :-- a) In the case of Vimal Chandra Golecha v. ITO 134 ITR 119 (Raj), relie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntification card from Florida authorities and the notarised declaration. The donor has mentioned that he is engaged in service. The amount of US$ 3600 is not such a big amount that a serving person in USA cannot give it as a gift. Therefore, in our humble view, the creditworthiness of the donor has been proved. It is also mentioned in the declaration that the donor and donee have close relationship and, thus, it cannot be said that it is a gift to a total stranger so that it defies human probabilities of conduct. The gift has been made through banking channel, thus, its genuineness has also been proved. In this connection we find that the decision in the case of Ujagar Singh Oberoi is by and large applicable to the facts of this case. The f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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