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TMI Blog2013 (11) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... uite unusual but also quite unnatural - It was incredible that a complete stranger would want to gift lakhs of rupees to a person only because that person wanted the amount for purchasing a house - the gifts could not be said to be genuine – Decided against the assesse. - - - - - Dated:- 30-7-2012 - Order Shamim Yahya (Accountant Member).-This appeal by the assessee is directed against the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The above grounds of appeal are without prejudice to one and another. (iv) Your appellant craves, leave, to add, alter, amend and/or forego any of the grounds of appeal at the time of hearing. In this case the assessee has received gift of Rs. 2 lakhs from one Ajay Mittal, Delhi. The Assessing Officer asked the assessee's counsel to prove the genuineness and creditworthiness of the person from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mittal v. Asst. CIT [2010] 3 ITR (Trib) 508 (Delhi) ; ITO v. Smt. Usha Aggarwal [2010] 1 ITR (Trib) 593 (Delhi) ; Asst. CIT v. Rajeev Tandon [2007] 294 ITR (AT) 219 (Delhi) ; Rajeev Tandon v. Asst. CIT [2007] 294 ITR 488 (Delhi) and the Delhi High Court decision in the case of Sajan Dass and Sons v. CIT [2003] 264 ITR 435 (Delhi). Accordingly, the learned Commissioner of Income-tax (Appeals) pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble Delhi High Court in the case of Sajan Dass and Sons v. CIT [2003] 264 ITR 435 (Delhi) above mere identification of the donor and genuineness of the gift and showing movement of the funds through banking channels alone is not sufficient. The assessee has to conclusively prove that the gift was actually received by the donor and that the transaction was a genuine transaction. I further find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, there was no error in the view taken by the Tribunal. Accordingly, in the background of the aforesaid discussions and precedents, I do not find any infirmity in the order of the learned Commissioner of Income-tax (Appeals), hence, I affirm the same. In the result, the appeal filed by the assessee stands dismissed. The order pronounced in the open court on July 30, 2012. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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