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TMI Blog2019 (9) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... ecord, the A.O. has correctly treated the Gift to be non-genuine. The assessee failed to prove the creditworthiness of the donor and genuineness of the transaction in the matter. No reasons or occasion of Gift have been filed on record. Gifts have been made on seven different dates in cash, for which, no explanation have been given, despite donor was maintaining her Bank A/c. Since no sufficient evidence have been filed before the authorities below to prove genuineness of the gift in the matter, therefore, it is clear that gifts are not genuine gifts and are arranged affairs of the assessee. Assessee failed to prove ingredients of genuine gift in the matter. As rely upon case of CIT vs. Anil Kumar [ 2007 (3) TMI 223 - DELHI HIGH COURT] , CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ift amount of ₹ 2,30,000/- had been deposited by the assessee. The assessee has not filed the Gift Deed and only copy of ITR of Smt. Kamla Jain for the A.Y. 2015-2016 was filed. The A.O, therefore, held that the same would not prove the creditworthiness of the donor and genuineness of the transaction in the matter. The A.O. accordingly treated ₹ 2,30,000/- as undisclosed income of assessee and made the addition. 3. The assessee challenged the addition before the Ld. CIT(A) and it was submitted that during assessment year under appeal, assessee has sold 1/5th share of ancestral property for ₹ 2.80 crores which is acquired through Will of his deceased father and similarly, mother of the assessee/donor has sold her 1/5th sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant and any prudent person will not transfer money in this manner when both mother and son are having bank account and good banking habit. Just because there is withdrawal of ₹ 17,20,000/- on 02/01/2015 and ₹ 70,000/- on 29/01/2015 from the mother's account, the deposit in the bank account of the appellant on various dates could not establish the link as submitted by the appellant. Further, the appellant has failed to file any confirmation from the mother of the appellant regarding the said transaction during assessment, proceedings or during appellate proceedings. As per the submission of the appellant, the appellant has also got ₹ 2,80,00,000/- as sale consideration during the year and the appellant has failed to justify ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or a sum of ₹ 2.90 crores. The assessee has made cash deposits of ₹ 2,30,000/- in his S.B. A/c, the source of which, was not explained before the A.O. The assessee merely contended that ₹ 2,30,000/- was received as gift from his mother Smt. Kamla Jain. However, no Gift Deed was filed before A.O. Thus, the assessee failed to produce any documentary evidence before A.O. to substantive genuineness of the gift in the matter. Similar is the position before the Ld. CIT(A). Ultimately assessee claimed that mother of the assessee has gifted the amount in cash after making withdrawal from her Bank account. The Ld. CIT(A) has considered cash withdrawals by the donor from her Bank A/c and the cash deposit made by assessee in his Ban ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... despite donor was maintaining her Bank A/c. Since no sufficient evidence have been filed before the authorities below to prove genuineness of the gift in the matter, therefore, it is clear that gifts are not genuine gifts and are arranged affairs of the assessee. Thus, assessee failed to prove ingredients of genuine gift in the matter. I rely upon Judgment of Hon'ble Delhi High Court in the case of CIT vs. Anil Kumar 292 ITR 554 (Del.), Judgment of Hon'ble Supreme Court in the case of CIT vs. P. Mohankala 291 ITR 278 (SC) and Judgment of Hon'ble Punjab & Haryana High Court in the case of Yashpal Goyal vs. CIT 310 ITR 75. Considering the above discussion, it is clear that assessee failed to produce sufficient evidence or material on record ..... X X X X Extracts X X X X X X X X Extracts X X X X
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