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TMI Blog2022 (3) TMI 1487X X X X Extracts X X X X X X X X Extracts X X X X ..... sustainable in law. Accordingly, the addition sustained by the CIT(A) is liable to be set aside. We direct accordingly. - I.T.A. No. 618/Mum/2021 - - - Dated:- 23-3-2022 - Shri Shamim Yahya, Accountant Member For the Assessee : Shri Hiral Sejpal. For the Department : Shri T.Sankar, Sr.AR. ORDER Per Shri Shamim Yahya (AM) :- This appeal by the assessee is directed against the order of learned Commissioner of Income Tax (Appeals)-47 dated 10.03.2021 and pertains to assessment year 2014-15. 2. Grounds of appeal read as under:- Ground No. 1 1.1 On the facts and circumstances of the case and in law, the Hon'ble Commissioner of Income Tax (Appeals}-47 Mumbai ['the CIT(A)'], ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vekariya, being a person covered by the definition of 'relative' under Explanation (e) to Section 56(2) of Income lax Act, 1961, which have been disallowed and added back as unexplained gifts. 4. Upon assessees appeal, ld.CIT(A) deleted the addition for Rs. 5,35,000/- by holding as under:- I have considered the facts of the case, submissions of the Appellant, the observations of the AO contained in the assessment order and the other materials on record on this issue. Ground nos. 2 3 deal with the addition of Rs. 5,35,000/-made by the AO as unexplained gift received from Smt. Hansaben Vagasiya, sister of the assessee. While completing the assessment the AO added the same amount in the hands of the assessee primarily i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and his sources of income are unknown. Further the AO observed even the bank statement of the donor was not given by the assessee and therefore he treated the gift as unexplained. During the course of appellate proceedings the assessee however argued that Shri Haribhai Yekariya is uncle of the assessee and derives income from agriculture. It has been mentioned that he owns 20 acre of agricultural land at Saurashtra and in this regard some 7/12 extract of land ownership was also given. The assessee accordingly argued that gift given by Shri Haribhai Vskariya may be treated as explained. I have considered the arguments of the assessee and facts of the case. Admittedly the donor is not being assessed to tax and therefore the sources of h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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