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TMI Blog2023 (2) TMI 1373X X X X Extracts X X X X X X X X Extracts X X X X ..... he donor? - HELD THAT:- CIT(A) in his order the fact that the donor had a NRE account in ING Vysya Bank and the said Bank directly addressed to the AO confirming about the NRE account maintained by the donor and a cheque for Rs. 25 Lacs in favour of the assessee was debited to the NRE account. CIT(A) also notes that the assessee has furnished his business details directly to the AO and on the othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in favour of the assessee. - THE HON BLE JUSTICE T.S. SIVAGNANAM AND THE HON BLE JUSTICE HIRANMAY BHATTACHARYYA Mr. Amit Sharma, Adv. For the Appellant ORDER The Court : This appeal filed by the revenue under Section 260A 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/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee? We have heard Mr. Amit Sharma, learned standing counsel appearing for the appellant/revenue. The short issue which falls for consideration in this appeal is whether the assessee was able to establish 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the gift have not been established and the Court should take into consideration the relationship of the parties which will clearly show that there is no genuinity in the gifts. The CIT(A) considered the specific 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 don ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r has been well established by the documents produced and thus the assessee has discharged the initial onus cast upon the assessee to establish the identity, genuineness as well as the creditworthiness of the donor. In such circumstances, the burden shifts on the revenue to establish it otherwise. This having not been done by the revenue, we are of the view that the CIT(A) as well as the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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