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2023 (2) TMI 1373

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..... of the Income Tax, 1961 (the Act) is directed against the order dated September 16, 2011 passed by the Income Tax Appellate Tribunal, "B" Bench, Kolkata (Tribunal) in ITA No.887/Kol/2010 for the assessment year 2003-04. The appeal was admitted on 4th April, 2012 on the following substantial questions of law :- i) Whether on the facts and in the circumstances of the case, the Learned Tribunal ha .....

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..... sh the genuineness of the gift received by the assessee. In the earlier round of litigation the learned Tribunal had remanded the matter to the Assessing Officer with a specific direction to consider the documents filed by the assessee which, according to the assessee, is sufficient to show that they have discharged the initial burden of proof on them to show that the gift was genuine. The learned .....

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..... cific issue as to whether the assessee has been able to establish the identity and creditworthiness of the donor. The CIT(A) in his order dated 19th February, 2010 records the fact that the donor had a NRE account in ING Vysya Bank and the said Bank directly addressed to the Assessing Officer confirming about the NRE account maintained by the donor and a cheque for Rs. 25 Lacs in favour of the ass .....

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