9911796707
TMI Blog2023 (9) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... ly. The brother of the assessee is a Non-Resident Indian settled in U.S.A. and is not assessed to tax in India. Mother of the assessee is not an income tax assessee and she is a housewife. Considering the fact that undisputedly the gifts have been received from relatives as defined u/s 56(2)(vi) no dispute has been raised to the fact that father and brother of the assessee have sufficient source of income. Though, the assessee has not file any documentary evidence in the shape of gift deed, however, the details of the relatives were very much placed before the AO and if he was not satisfied he might have issued notice under the Act for seeking the necessary information. Assessee stated that copies of the income tax return of her fathe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowed by issuance of notice under section 143(2) and 142(1) of the Act. During the course of assessment proceedings the assessing officer noticed that the assessee has made a cash deposit of Rs. 3,61,000/- in the bank account held with HDFC Bank, Santoshpur Branch. The assessee was asked to explain the source. It was submitted that the source of the said sum is gift from relative which is not taxable under section 56 of the Act. The ld. Assessing Officer was not satisfied and he made addition under section 69 of the Act at Rs. 3,61,000/- and assessed the income at Rs. 6,08,640/-. Aggrieved the assessee preferred appeal before the ld. CIT(A) challenging the said addition, however, the ld. CIT(A) on the ground that the assessee had failed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not assessed to tax in India. Mother of the assessee is not an income tax assessee and she is a housewife. Considering the fact that undisputedly the gifts have been received from relatives as defined under section 56(2)(vi) of the Act, no dispute has been raised to the fact that father and brother of the assessee have sufficient source of income. Though, the assessee has not file any documentary evidence in the shape of gift deed, however, the details of the relatives were very much placed before the ld. Assessing Officer and if he was not satisfied he might have issued notice under the Act for seeking the necessary information. In the impugned order, the assessee stated that copies of the income tax return of her father for Assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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