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TMI Blog2012 (8) TMI 370X X X X Extracts X X X X X X X X Extracts X X X X ..... horities have rightly looked into the surrounding circumstances and drawn the conclusion that gift in this case was not genuine. Addition confirmed - Decided against assessee - ITA No. 1548/Del/2010 - - - Dated:- 8-8-2012 - SHRI SHAMIM YAHYA, J. Assessee by : Sh. R.S. Adlakha, Adv. Department by : Dr. B.R.R. Kumar, Sr. D.R. O R D E R This appeal by the Assessee is directed against the order of the Ld. Commissioner of Income Tax (Appeals)-XXVI, New Delhi dated 12.2.2010 pertaining to assessment year 2000-01. 2. The grounds of appeal read as under:- i) That the order of the Ld. Commissioner of Income Tax- XXVI, New Delhi is contrary to law and facts on record. ii) Whether on the facts and circumstances of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t year 1999-2000 and 2000-01 and also a copy of death certificate of the donor Sh. Sanjay Agarwal which was not produced. The Assessing Officer asked for the personal attendance of the assessee, in response to which the assessee furnished an affidavit dated 18.12.2007 in support of the gift received by her. In the absence of personal appearance of the assessee, the Assessing Officer disregarded the evidentiary value of the affidavit. On the same ground, the affidavit filed by the donor of aforesaid gift of Rs. 3,00,000/- as unexplained cash credit u/s. 68 and taxed it as income from other sources . In addition, an amount of Rs. 6000/- was also added as unaccounted commission @ 2% of the amount of the gift, that the assessee may have paid. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the gift. Keeping in view totality of facts and circumstances, I therefore, hold that the appellant could not prove genuineness of the gift. In view of the above, I hold that the gift of Rs. 3 lacs from Sh. Sanjay Mohan Agarwal to the appellant on 4.3.2000 was not a genuine one and therefore the Assessing Officer was justified in making addition u/s. 68 in respect thereof. On the second ground of addition, once the gift has been proved as bogus, it is reasonable to estimate certain amount of commission, which may have been paid by the appellant in order to convert cash of Rs. 3,00,000/- to cheque through the bogus gift entry from the donor. I find that the Assessing Officer was reasonable in estimating the same @2%. Therefore, the addi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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