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TMI Blog2014 (10) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... nt was that she has savings through agricultural income - There cannot be a better instance of stretching a totally unrelated fact to the extent of straining it – assessee has shown the income through agriculture - it had accrued to her free from any obligation and she has every right to put the amount to the use of her choice - It was nobodys case that the income earned by the appellant through agriculture was spent for social obligations - the Tribunal has permitted its imagination to cross all barriers of propriety and reasonableness. The law does not indicate that a gift must emanate only from a known person - it is difficult to describe let alone define, as to when a person can be said to be related to another, in the context of mak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extra income from money lending business and receipt of gifts. She has also mentioned that certain items of the properties were purchased from the money derived from those two sources. The Assessing Officer, who processed the returns, did not agree with the plea of the appellant and treated the entire amount mentioned in the revised returns, as unexplained investment. Aggrieved by that order, the appellant filed 7 appeals before the Commissioner (Appeals). The appeals were disposed of in 2 batches. The first set covered assessment years 1982-83 to 1986-87 and the second set covered 1987-88 and 1988-89. In both the orders, the plea of the appellant as to the income from the money lending business was accepted. However, one relation to gifts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has undertaken money lending business, heavy burden rested upon her to show the sources of income and that she miserably failed in this behalf. He contends that the Assessing Officer as well as the Tribunal have analysed the matter thoroughly and, on being satisfied that the attempt made by the appellant was only to legalise what she has acquired contrary to law, passed appropriate orders. He submits that the Tribunal has referred to several decided cases in support of its conclusion and that no substantial question of law arises for consideration, in this batch of appeals. Not even a semblance of doubt was expressed in relation to the regular returns submitted by the appellant for the 7 assessment years referred to above, much less any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctice. Accordingly, the income through money lending business was treated as legal and proper. However, they affirmed the view taken by the Assessing Officer regarding gifts. In the appeals preferred by the department as well as the appellant, the Tribunal has undertaken extensive discussion with reference to each and every ground. One of the grounds that weighed with the Tribunal in not accepting the income through money lending business was that the activity was not mentioned in the original returns. That in fact would amount to begging the question. The very occasion for the appellant to submit revised returns was that she did not mention the same inadvertently or otherwise in the original returns. Further, it is not a case where the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efine, as to when a person can be said to be related to another, in the context of making gifts. A small gesture of affection may result in presentation of quite a fabulous gift and, even where stupendous service is rendered, it may not fetch even an act of gratitude. Much would depend upon the thinking of the concerned persons as well as their financial conditions. We are not at all in agreement with the view taken by the Tribunal. We, therefore, allow the appeals and set aside the orders passed by the Assessing Authority. We, accordingly, direct that the claims made by the appellant through her revised returns, shall stand accepted. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in these appeals shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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