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Income Tax Appellate Tribunal, RANCHI BENCH “E” Court at KOLKATA
Before: Shri S.S.Godara & Dr. A.L. Saini
O R D E R PER BENCH (Oral):- This assessee’s appeal for assessment year 2012-13 arises against the Commissioner of Income Tax (Appeals)-Dhanbad’s order dated 23.03.2018 passed in case No.174/DHN/2014-15, involving proceedings u/s 143(3) the Income Tax Act, 1961; in short ‘the Act’. Heard Shri Devesh Poddar and Shri A.K. Mohanti, for the assessee and department; respectively.
The assessee’s sole substantive grievance challenges correctness of both the lower authorities’ action making sec. 56(2)(VII)(b) addition of ₹32,05,000/-. He had claimed gifts of ₹2 lakh, ₹ 4 lakh, ₹6 lakh, ₹4 lakh, ₹7.75 lakh & ₹8.30 lakh from Shri Anand & Bipin Kumar Singh (first cousin) Manorma Singh, Pinki Singh, Poonam Singh (first cousin wives) and Sita Ram A.Y. 2012-13 Sheo Narayan Singh Vs. ACIT Cir-2, DHN Page 2 Singh (first cousin); respectively. Learned authorized representative fails to dispute that although the assessee has filed on record all the corresponding details of the so-called donor(s), the fact remains that none of them is covered under the exempt category of relatives defined in sec. 56(2)(VIII) of the Act as it has been elaborately discussed in the CIT(A)’s order. We make it clear that the assessee’s case right from the beginning was that on having received the corresponding gift(s) only. We thus affirm the CIT(A)’s foregoing clinching reason and affirm the impugned addition(s) in assessee’s hands.
This assessee’s appeal is dismissed. Order pronounced in open court at the close of hearing on Wednesday, 15th July, 2020 Sd/- Sd/- (लेखा सद"य) ($या%यक सद"य) (Dr. A.L. Saini) (S.S.Godara) (Accountant Member) (Judicial Member)