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TMI Blog2023 (3) TMI 917X X X X Extracts X X X X X X X X Extracts X X X X ..... me by his father the factum of gift cannot be accepted - when he is earning small income from puja astrology and earning exempt agricultural income then the requirement of filing of return of income arose only in a situation when his income falls within the purview of taxable limits, merely because a person, giving gift to his son, is not filing return of income, the transaction of gift cannot be doubted particularly when the person giving gift is owing 6.5 acres agricultural land which yielded agricultural produce to him. As basis taken by the AO as well as CIT(A) for dismissing the explanation of assessee regarding gift from his father is not reasonable, justified and sustainable. Therefore, the same is dismissed. - I.T.A No. 1896/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal before this Tribunal. Placing reliance on the judgment of Hon ble Punjab Haryana High Court in the case of Shri Subodh Prakash Vs. JCIT [2017-TIOL-2249-HC-P H-IT] and order of the ITAT, Delhi Benches in the case of Mewat Grit Udyog Vs. PCIT [2017-TIOL-2249-HC-P H-IT] and submitted that in absence of sufficient cause as per requirement of Section 5 of Limitation Act, 1963 the extra ordinary delay of 780 days cannot be condoned. Therefore, appeal may kindly be dismissed in limine. 5. On careful consideration of above submission, I am of the view that the assessee has filed copy of first information report filed by one Shri Krishan Dutta S/o Gita Ram against Ms. Ashu Sharma and other eight accused reveals that there was a dispute b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee does not want to press ground nos. I, ii and iii, hence, the same are dismissed as not pressed. The remaining effective ground no. IV reads as follows: iv) On the facts and in the circumstances of the case and in law the Ld.CIT(A) erred in confirming following action of the Assessing Officer in confirming the addition of Rs.2,00,000/- regarding gift received from father . The Ld. Counsel of the assessee submitted that during the assessment and first appellate proceedings the assessee consistently submitting that the father of assessee Shri Krishna Dutta is a Pujari in Mandir, he also works as an astrologer and property dealer. 8. The Ld. AR further explained that said source that assessee s father was owner of ancestral agri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld.CIT(A) is that the appellant father should have filed his return of income if he was having taxable income. I am unable to agree with the conclusion drawn by the Ld. First Appellate Authority that in absence of return of income by his father the factum of gift cannot be accepted. I am of the view that when he is earning small income from puja astrology and earning exempt agricultural income then the requirement of filing of return of income arose only in a situation when his income falls within the purview of taxable limits, merely because a person, giving gift to his son, is not filing return of income, the transaction of gift cannot be doubted particularly when the person giving gift is owing 6.5 acres agricultural land which yielded ..... X X X X Extracts X X X X X X X X Extracts X X X X
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