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TMI Blog2018 (3) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... estore the issue to the file of the Assessing Officer with a direction to give one final opportunity to the assessee to substantiate with evidence to his satisfaction regarding the identity and creditworthiness of the donor and genuineness of the transactions and the other direction as given by the Tribunal in the earlier order - Decided in favour of assessee for statistical purposes. - ITA No.534/Del/2016 - - - Dated:- 7-2-2018 - SHRI R. K. PANDA, ACCOUNTANT MEMBER For The Assessee : Shri Piyush Kaushik, Shri V. K. Sabharwal, Shri R.B. Gupta, Adv. For The Department : Shri Arun Kumar Yadav, Sr. DR ORDER PER R. K. PANDA, AM : This appeal filed by the assessee is directed against the order dated 21.10.2015 of CIT(A)- 19, New Delhi relating to assessment year 2004-05. 2. This is the second round of litigation before the Tribunal. Facts of the case, in brief, are that the assessee is a HUF and filed its return of income declaring total income of ₹ 1,91,350/-. During the course of assessment proceedings, the Assessing Officer observed that this case was selected for scrutiny on the basis of AIR information received, according to which, the abov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ₹ 10,51,000/- by Shri Sudhir Sachdeva to the assessee HUF. The learned CIT(A) has also not examined the relationship between Shri Sudhir Sachdeva and the assessee HUF, which prompted the donor to give a gift of ₹ 10,51,000/- to the assessee HUF. The learned CIT(A) has also not given a finding as to whether the transaction of gift has been duly shown by the donor in his income-tax return and what was the source of money. It is also an admitted position that donor had not appeared before the AO nor before the CIT(A) nor he was produced by the assessee in spite of notices issued by the AO. The learned CIT(A) has failed to take this fact into account. In order to examine the genuineness of the transaction of gift, statement of donor Shri Sudhir Sachdeva and his examination by the AO is vital so as to ascertain the true and correct affairs of the transaction. The learned CIT(A) has not called for any remand report from the AO in respect of various details on the basis of which, the learned CIT(A) has deleted the addition and has not given an opportunity to the AO to record the statement of the assessee as well as of the donor before deleting the addition. In the light of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a. Since the assessee could not prove the genuineness of the gift and the creditworthiness of the donor despite giving of repeated opportunities, the Assessing Officer, invoking the provisions of section 68 made addition of ₹ 10,51,000/- to the total income of the assessee. 7. In appeal, the ld. CIT(A) after obtaining a remand report from the Assessing Officer and confronting the same to the assessee upheld the addition made by the Assessing Officer. While doing so, he observed that since the money was received by pay order and not through cheque, therefore, the direct nexus of the bank account of Shri Sudhir Sachdeva with that gift was not established. Despite direction given by the Tribunal, the assessee failed to produce the donor for the examination of the Assessing Officer. The bank account of the donor Shri Sudhir Sachdeva shows that he is a man of little mean with opening balance of ₹ 4843/- only. Further, money was received and immediately paid again challenged the genuineness of the transaction. Since the onus cast on by the assessee was not discharged the ld. CIT(A) relying on various decisions upheld the addition made by the Assessing Officer. 8. Aggrie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of. 8. That no proper and reasonable opportunity if any has since been afforded by the Assessing Officer prior to make illegal and impugned additions of ₹ 10,51,000/- in the income of the appellant. 9. That the appellant assessee assails his rights to amend, alter, change any grounds of appeal at any time, even during the course of hearing of this instant appeal. PRAYER:- 1. That the illegal and impugned additions made of ₹ 10,51,000/- in the income of the appellant may please be deleted / quashed. 2. Any other relief which this Hon ble Court may please be deems fit and proper in the facts and circumstances of the case. It is prayed accordingly. 9. Ld. counsel for the assessee submitted that although the assessee could not produce all the relevant details as called for by the Assessing Officer, during the assessment proceedings, however, it is also a fact that the assessee had produced certain details. He submitted that due to old age of the assessee, he could not contact the donor. However, now he is in a position to produce the said donor before the Assessing Officer. Therefore, in the interest of justice, the assessee sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue to the file of the Assessing Officer with a direction to give one final opportunity to the assessee to substantiate with evidence to his satisfaction regarding the identity and creditworthiness of the donor and genuineness of the transactions and the other direction as given by the Tribunal in the earlier order. To avoid any delay in completion of the assessment, the assessee is hereby directed to produce a copy of this order before the Assessing Officer within one month with request to issue statutory notices and the Assessing Officer shall try his best to complete the assessment within a period of six months from the end of the month in which the copy of this order is filed before him. The assessee is also hereby directed not to seek any adjournment under any pretext and cooperate with the Assessing Officer for early completion of the assessment. In case the assessee fails to comply with the above direction, the Assessing Officer is at liberty to pass appropriate order as per law. The grounds raised by the assessee are accordingly allowed for statistical purposes. 12 . In the result, the appeal filed by the assessee is allowed for statistical purposes . Order pronou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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