CIT vs. PREM CHAND GARG

IN THE HIGH COURT OF DELHI AT NEW DELHI 46 . ITA 1416/2010 . CIT ..... Appellant Through: Ms.Suruchi Aggarwal, Advocate . versus . . PREM CHAND GARG ..... Respondent Through: Mr.Arta Trana Panda, Advocate for Mr.Satyen Sethi, Advocate . CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN . O R D E R 14.09.2010 CM no.16520/2010 . Allowed, subject to all just exceptions. CM No.16521/2010(for condonation of delay in re-filing the appeal) . . . This is an application for condonation of delay in re-filing of the present appeal. Regard being had to the averments made in the application, the delay in re-filing the present appeal is condoned. The application stands disposed of. ITA 1416/2010 Heard Ms.Suruchi Aggrawal, learned counsel for the revenue. ITA 1416/2010 Page 1 of 2 . The present appeal is admitted on the following substantial questions of law:- A. Whether the assessee can be deemed to have discharged onus under Section 68 of the IT Act, 1961 for proving the genuineness or otherwise of the gift, by only producing unattested affidavits of the donors? . B. Whether the surrender made by the assessee only upon issuance of a questionnaire along with notice under Section 143(2) and 143(1) and in view of the unattested affidavits can be said to be voluntary and as such not liable for penalty? . C. Whether in view of the totality of the facts where the assessee had only declared and income of Rs.1,36,860/- in his return, and it was only when a detailed questionnaire was issued along with notice under Section 143(2) and 142 (1) of the IT Act that the assessee has offered the amount of Rs.1,15,11,748/- received on account of gift for taxation, is the assessee not liable for concealment and penalty? . Mr.Arta Trana panda, learned counsel for Mr.Stayen Sethi, learned counsel, accepts notice on behalf of the respondent-assessee. No further notice need be issued. Filing of the paper book stands dispensed with. Let this appeal be listed along with ITA 786/2010 on 13th January, 2011. . . . CHIEF JUSTICE . . . MANMOHAN, J SEPTEMBER 14, 2010/sv ITA 1416/2010 Page 2 of 2