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TMI Blog2015 (12) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... nd has given detailed findings and reasoning in the assessment order while making additions, which have been further elaborated by Ld. CIT(A) and he has given categorical findings to establish that the alleged gifts were not genuine. These findings remain uncontroverted, no interference is called for therein, and therefore these are confirmed. - Decided against assessee. - ITA NO.1750/Mum/2011 - - - Dated:- 13-10-2015 - Shri Amit Shukla, Judicial Member, and Shri Ashwani Taneja, Accountant Member For The Assessee : None For The REvenue : Shri S. S. Kumaran (DR) ORDER Per Ashwani Taneja (Accountant Member): This appeal has been filed by the assessee against the order of Ld. Commissioner of Income Tax (Appeals) -27 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ose of deciding the issues in the appeal. The appellant craves leave to add, to alter, amend or modify the aforesaid grounds of appeal. . 2. During the case of hearing none has appeared on behalf of the Assessee. It is seen from the history of this case that Assessee has not been appearing in this case, for some long time. It is further seen by us that the notice has been sent to the Assesse by registered post, every time. However, written submissions have been filed in this case by the Assessee. It appears that Assessee wants that his case should be decided on the basis of written submissions filed before the bench. In view of these facts we proceed to hear the appeal on the basis of written submissions filed by the Assessee an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account and only because of AIR report this account came to the knowledge of the department, thus, this indicates that the Assessee was maintaining this account secretly and had not disclosed the same to the department. It was further observed by the AO that said bank account was opened and closed for short period. The AO made detailed discussion in the assessment order for holding claim of the Assessee as sham and bogus and that, in fact no gift has been received by the Assessee, that the Assessee has not followed proper law in converting US dollars into Indian rupees, that no proper response has been given by the assessee and that the Assessee could not prove the genuineness of the gift, creditworthiness of the donor and authenticity of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow his travel to India at the material point of time. Further, I do not find any papers on record to show that the donors are close relatives of the appellant covered in proviso to section 56(2)(vi). The family tree explaining the relationship is not placed on record except stating that the appellant and his wife are nephew/niece to the donors. Thus, the claim of the appellant that the donors are real uncle and aunt of the appellant are not proved anywhere on record. Secondly, the appellant has not given any valid explanation as to why the said gifts in foreign exchange were not routed through the normal banking channels, especially when the amounts involved are huge. It is also beyond common sense that the gifts received in cash dollars we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to how the said cash is available to the appellant, the AO is perfectly within his powers to invoke the provisions of section 68 of the Act. In view of the above discussion, I do not find any merit in the submissions made by the appellant. Accordingly, I uphold the addition made by the AO in this regard and therefore the appellant fails on this ground of appeal and the same is dismissed. 7.1. It is noted that in his written submissions, the assessee has not brought out any new facts or submissions on record, no documentary evidences have been referred in these written submissions, and no proper book has been filed before us to negate the aforesaid findings of Ld CIT(A), and to substantiate the claim made by the assessee. No reasoning ..... X X X X Extracts X X X X X X X X Extracts X X X X
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