2009 (11) TMI 40

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..... lained gift – held that - In view of concurrent finding of fact recorded by the CIT(A) and the Tribunal that the gift was genuine, no substantial question of law arises - This fact was not disputed that the maternal uncle i.e. Shri Ramesh Arora is the proprietor of M/s Rachna Exports and the cheque was issued by him. It is not a condition precedent that only the cheques/draft/ amount issued from p .....

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..... n'ble ITAT is justified in law in deleting the addition of Rs.5,00,000/- made on account of unexplained gift when the ingredients of making a genuine gift are not satisfied in the present case?" 2. The assessee claimed to have received a gift of Rs.5 lac from his maternal uncle Ramesh Arora but the said amount was added to his income by the Assessing Officer, as undisclosed income. On appeal, th .....

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..... d that Tribunal is justified in holding that these were gifts and not income of the assessee. We have not found any evidence nor the department has adduced any evidence that the impugned amount belongs to the assessee in any manner. The donor is the maternal uncle of the assessee and is also in a position to make a gift, therefore, from any angle the gift cannot be suspected. The decision of the C .....

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