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TMI Blog2015 (3) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... remand report from the Assessing Officer and, in these remand proceedings, all the donors were examined by the Inspector in which the donors admitted having given the gift to the son of the assessee. The Tribunal has found that there was no defect in the inquiry conducted by the Assessing Officer in the remand proceedings with regard to the genuineness of the financial position of the donors. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mical Company, Kanpur and is engaged in the trading of detergent chemical, which is used in the detergent and pan masala industry. For the assessment yer 2001-02, the assessee, in its return, had shown a gift of ₹ 31,40,000/- in the hands of his minor son. The Assessing Officer noted the deposits of ₹ 31,40,000/- on different dates in the account of the minor son of the assessee and di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tax Rules, 1962 (hereinafter referred to as the Rules of 1962) praying that he may be permitted to lead additional evidence. The documents so filed by the assessee was forwarded by the first appellate authority to the Assessing Officer under Section 250(4) of the Act of 1961 to make necessary inquiry and verification and submit a report. The Assessing Officer verified the details of the bank acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional evidence without giving an opportunity to the Assessing Officer to examine the additional evidence as provided under Rule 46A of the Rules of 1962. We have heard Sri Govind Krishna, the learned counsel for the appellant and Sri Prateek Dawar, the learned counsel for the assessee. We find that admittedly the Assessing Officer could not examine the donors but during the course of appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ditional evidence to the Assessing Officer to examine the genuineness and submit a remand report. When the Assessing Officer has himself examined all the evidence, the question of giving another opportunity under Rule 46A of the Rules of 1962 does not arise. In the light of the aforesaid, we do not find any substantial question of law arising for consideration. The appeal fails and is dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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