Genuineness of gifts proved by assessee- No addition can be made All the donors

 

Genuineness of gifts proved by assessee- No addition can be made

All the donors appeared before the Department, and submitted material including affidavits on oath, confirmed the gifts made, established their old relations with the assessee and proved their capacity to make the gifts and they personally appeared before the AO, thus, there was no doubt in genuineness of gift. ­

Vide Commissioner of Income Tax v. Ms. Mayawati (2012) 43 (I) ITCL 474 (Del-HC)

Compilations of case law: IT Act related Topics : RECEIPT OF NRE GIFTS - TAXABILITY

RECEIPT OF NRE GIFTS - TAXABILITY

Donors not relatives and friends of assessee – No reason for receiving gifts – Unexplained investment of assessee
Lall Chand Kalra Vs CIT (P & H) 22 CTR 135
Harish Kumar Singal Vs ACIT (P & H) 276 ITR 355
ITO Vs Dr. A.K. Sharma (ITAT, Amritsar) 63 TTJ 380
D.C. Rastogi (HUF) Vs ACIT (ITAT, Delhi) 57 ITD 295
Jyotsna Suri Vs DCIT (ITAT, Delhi) 61 ITD 139
Sanjeev Batra Vs ACIT (ITAT, Del) 69 ITD 23
Renu Gupta Vs DCIT (ITAT, Mum) 72 ITD 306
Deepak Kumar Agarwal (ITAT, Jab) 110 Taxman 233 (Mag)
Mahesh Kumar Singal Vs ACIT ( P & H ) 193 CTR 271
CIT Vs P. Mohanakala (SC) 291 ITR 278

Gift of cheque from strangers –no occasion to make gifts - Donor less wealthier – income from undisclosed sources eventhough donors confirmed gifts
ITO Vs Dr. Jagdish J. Kansagara (ITAT, Ahd) 66 ITD 381

Burden of proof on assessee to establish that donor had means and gift was genuine, for natural love and affection
Jaspal Singh Vs CIT (P&H) 290 ITR 306