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TMI Blog2023 (9) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... nt as gift from his aunt. Considering the entire aspect of the matter, particularly, the constant effort made by the assessee to justify his stand that the credit is from maturity of old FDRs made by his aunt who was taken care of by the assessee only in the absence of her relative staying abroad which fact was also confirmed by other relatives of the assessee with supporting evidences as we have already discussed hereinabove, we find that the impugned addition made by the Department is of no basis and thus, deleted. Income from house property - Staff quarter for MRI Staff - Fair rent estimation - HELD THAT:- The property purchased by the assessee at Baroda where he is running OPD being a self-occupied property, no addition on account of notional income is called for. The residential house being ancestral house situated at Village Karamsad which is old and uninhabitable condition belongs to appellant s HUF. In our considered opinion, it cannot be said to be a residential house in individual capacity. However, the house purchased by the assessee at Ahmedabad to meet the needs of medical facilities at Ahmedabad Balasinor, where assessee stays for five days, as much nearer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the assessee, the assessee submitted FDRs. Certain documents being the certificate of death of aunt, source of principal amount of FD recorded in the books of accounts of the assessee as the FDRs were made in the joint names with the assessee etc. was directed to be submitted. The assessee was also directed to furnish two certificates of FDRs which were not submitted and to reconcile with documentary evidence as the maturity value credited in the ledger account does not match with the amount reflected in the FDRs. As the FDRs were made by the aunt from her own sources, the same was not recorded in the books of account of the assessee as of the contention of the assessee in response to the direction as above. It was further submitted that these were old FDRs which were matured subsequently and upon demise of the aunt was credited in the account of the assessee being the joint holder of the same. Such contention made by the assessee was not found suitable and the assessee was further directed to provide the proof of blood relation with said Late Smt. Shushilaben Patel who was stated to be the aunt of the assessee, from whose accounts, FDRs were transferred to the assessee s account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of an individual (a) Spouse of the individual. (b) Brother or sister of the spouse of the individual. (c) Brother or sister of the spouse of the individual. (d) Brother or sister of either of the parents of the individual. (e) Any lineal ascendant or descendant of the individual. (f) Any lineal ascendant or descendant of the spouse of the individual. (g) Spouse of the person referred to in items (B) to (F). The relationship of the assessee with his Aunt has been proved in view of the above section. But, the assessee has not submitted the source of the FDRs which was not recorded in the books of accounts of the assessee. The same has not been submitted in the additional evidences provided by the assessee. During the course of assessment proceedings, the assessee has submitted the confirmation of gift received and copy of passport of Shri Ashokkumar T. Patel (son of the assessee) who was abroad at this time. On carefully perusal of the same, it is seen that the signature of Ashok R. Patel is different as compared to passport copy. Hence, it is pertinent to mention here that the legal heir's of Smt. Sushilaben Patel there, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kindly be deleted. 7. Finally, the contention made by the assessee was not found to be acceptable to this effect that the source of principal amount of FDRs remained unexplained, neither the assessee could establish the relationship with his aunt from whom the disputed amount was received through FDRs. The signatures of legal heirs was also found to be different in gift deed and passport. With the aforesaid observation, the Ld. CIT(A) confirmed the addition. 8. We have considered the orders passed by the authorities below and find that it is a fact that said Smt. Sushilaben Patel was staying along with assessee and these FDRs were made long back during her life time not in the year under consideration. Further that, as the assessee was made a joint holder in those FDRs by her aunt, we do not find any reason to record the same in the books of account of the assessee. Further that, once family tree has been filed by the assessee showing relationship between the assessee and said Smt. Sushilaben Patel, which is definitely come under the purview of the definition of relatives as envisaged under Section 56 of the Act, we do not find any merit in rejecting the claim of the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... D at Baroda. The AO has considered this as Self Occupied Property, and hence no addition on account of notional income has been made as regards this house property 3. Residential house at Ahmedabad- Rs. 57,18,850/- The doctor himself is a patient of unstable Angina. He had undergone angioplast 14 years back. The house at Ahmedabad was purchased to meet the needs of medical facilities at Ahmedabad. Balasinor, where the doctor stays for five days, is much nearer to Ahmedabad rather than Baroda. The house was let out during the year under consideration. 4. Residence house (old) Rs. 43,215/- This house is ancestral house situated village Karamsad the native place of the appellant. The house is very old and uninhabitable. Even otherwise, the said House, as per law, belongs to appellant's HUF and hence the same cannot be considered as his Residential House in Individual Capacity The AO has estimated notional rent income @ 15% of the total value of aforesaid properties (excluding Flat at Baroda) i.e. Rs. 9,53,560/-, and after allowing Standard Deduction a 30% determined the Income from House Property (deemed let out) at Rs 6,67,492/-. 13. We have consider ..... X X X X Extracts X X X X X X X X Extracts X X X X
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