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TMI Blog2014 (6) TMI 365X X X X Extracts X X X X X X X X Extracts X X X X ..... al evidences produced by the assessee would through light on the genuineness and creditworthiness of the donor, that FAA had refused to admit additional evidences that were vital and had direct bearing on the outcome of the appeal - additional evidences produced by the assessee would have bearing on the outcome of the appeal - as the AO/FAA did not have benefit of these documents at the time of hearing – thus, the matter is required to be remitted back to the FAA for fresh adjudication – Decided partly in favour of Assessee. - ITA No. 499/Mum/2012 - - - Dated:- 28-5-2014 - Sh. D. Manmohan And Rajendra,JJ. For the Petitioner : Shri Rajesh Kothari For the Respondent : Smt. Parminder Kaur ORDER Per Rajendra, AM Ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e u/s.68 of Act, being gift from daughter from abroad. During the course of assessment proceedings, AO noted that assessee has debited an amount of Rs.5,87,4421- in the capital account which was explained to be gift from daughter. Explaining the same, it was stated before the AO that the same was received though bank draft issued by HSBC of Rs 3,12,442/- dated 07.03.2008 and Rs. 2,75,000/- dated 4.02.2008 sent by daughter Smt Laxmi settled at Sri Lanka and having sufficient funds. The draft was purchased at Hongkong. An affidavit was also filed along with gift deed in plain paper. AO, was not convinced with the details filed and stated that the assessee had not filed bank extracts from which the said gift was stated to have been made, the g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ineness has been proved and hence the gift may he treated as genuine. After considering the assessment order, the submissions made by the assessee, FAA held that in order to prove the creditworthiness the assessee had made an attempt to prove the source of the drafts purchased, that said evidence was not produced before AO and hence was an additional evidence which could not be admitted unless assessee showed some reasonable cause for not submitting the same before the AO, that no situation had been brought before him. He refused to admit the additional evidence. He further held that that no copy of return of income of the donor was filed, that there were missing links between the source of funds and receipts by the assessee, that there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the outcome of the appeal. As the AO/FAA did not have benefit of these documents at the time of hearing before them, so, we are of the opinion that in the interest of justice matter should be restored back to the file of the AO to decide the issue afresh after considering the evidences produced by the assessee before us and before the FAA. We are of the opinion that evidenced produced by the assessee and not considered by the FAA will also helpful to take a judicial and balanced decision. Therefore, we direct the AO to afford a reasonable opportunity of hearing to the assessee and decide the appeal Effective ground of appeal is allowed in favour of the assessee, in part. As a result, appeal filed by the assessee stands partly allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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