2003 (11) TMI 28

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..... gift deeds, affidavits of the donors, extracts from their bank accounts and bank certificate with reconfirmation letters were filed by the assessee - Both the lower appellate authorities have recorded a categorical finding that by producing the aforementioned documents, the assessee has discharged the onus which lay on him with regard to the genuineness of the gifts. – Revenue appeal dismissed
Judge(s) : D. K. JAIN., MADAN B. LOKUR JUDGMENT This appeal by the Revenue under section 260A of the Income-tax Act, 1961 (for short "the Act"), is directed against the order dated January 30, 2003, passed by the Income-tax Appellate Tribunal, Delhi Bench "B", New Delhi G (for short "the Tribunal"), in I. T. A. No. 114/Delhi of 1998, pertaining .....

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..... ount of gifts, the onus of establishing the identity of the donor and the resources of the donor for making the gift lay on the assessee, the Commissioner came to the conclusion that the said onus had been discharged by the assessee, as the assessee had filed copies of the gift deeds, stating that the gifts had been given by the donors to the assessee out of natural love and affection; the affidavits disclosed their names and complete addresses, passport numbers, NRE bank account numbers and the sources of income. Taking note of the contents of the said documents, the Commissioner came to the conclusion that the assessee had fully discharged the onus and there was no evidence on record to dispute the genuineness of the aforenoted gifts. No .....

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..... assessee the onus lies on him not only to establish the identity of the donor but his capacity to make such a gift. But, in the instant case, we find that though the assessee had admittedly produced the bank statements, the Assessing Officer did not raise any query with regard to the capacity of the donors to make the gift. From the assessment order, we find that the only ground on which the genuineness of the gifts has been doubted is the alleged failure on the part of the assessee to establish relationship between the donor and the donee. As noted supra, both the lower appellate authorities have recorded a categorical finding that by producing the aforementioned documents, the assessee has discharged the onus which lay on him with regar .....

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