2013 (10) TMI 4

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..... marriage of a daughter. If legislature had intended that gifts received on the occasion of marriage of the assessee's children should be exempted, nothing prevented Legislature from adding the words "or his children", after the words "marriage of the individual” - Addition made to the appellant's income on account of gifts received on the occasion of his daughter's marriage is affirmed – Decided against the Assessee. - IT Appeal No. 224 of 2012 (O&m) - - - Dated:- 1-8-2013 - Rajive Bhalla And DR. Bharat Bhushan Parsoon, JJ. ORDER:- CM No. 24587-CII of 2012 Prayer in this application is to condone the delay of 26 days in re-filing the appeal. 2. Heard. 3. For reasons stated in the application and arguments addressed, applic .....

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..... ee filed an appeal, which was dismissed by the Commissioner of Income Tax (Appeals) on 19.1.2011. A further appeal filed before the Income Tax Appellate Tribunal (for short the "Tribunal"), was dismissed on 04.1.2012. 6. Counsel for the appellant submits that clause (b) of the proviso to sub-clause (vi) to sub-section (2) of Section 56 of the Act, provides that gifts received in excess of Rs.50,000/- are to be treated as income, except where gifts are received on the marriage of an individual. The word "individual" has to be interpreted, to include gifts received on the marriage of an assessee's children. It is further submitted that in Indian society, parents receive gifts from relatives and friends on the occasion of marriage of their c .....

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..... he marriage of the individual concerned, i.e., the assessee and not to the marriage of any other person related to him in whatsoever degree, whether as his daughter or son. The expression "marriage of the individual" is unambiguous in its intent and does not admit to an interpretation, that it would include an amount received on the marriage of a daughter. If legislature had intended that gifts received on the occasion of marriage of the assessee's children should be exempted, nothing prevented Legislature from adding the words "or his children", after the words "marriage of the individual". 10. In view of unambiguous legislative intent, appearing in the proviso, the addition made to the appellant's income on account of gifts received on .....

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