SHIV NARAYAN CHOUDHARY,RANCHI vs. DCIT CENTRAL CIRCLE-3, RANCHI

ITA 197/RAN/2016Status: DisposedITAT Ranchi15 February 2019AY 2008-094 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the Assessing Officer's acceptance of the gifts in the donor's (son's) case was a clinching factor. Therefore, the additions made to the assessee's income on account of these gifts and subsequent cash deposits were directed to be deleted.

What were the facts?

The assessee claimed cash gifts from his son to explain cash deposits in his bank accounts. The Assessing Officer added these amounts as income, which was confirmed by the CIT(A). The assessee appealed these additions.

What were the issues?

Whether the cash gifts claimed to be received from the son were genuine and could be accepted as an explanation for cash deposits, and if the donor's acceptance of gifts impacted the donee's assessment.

Which sections of the Income-tax Act were involved?

Section 153A,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI

Before: Shri S.S.Godara & Dr. A.L. Saini

PER BENCH:- These seven assessee’s appeals for assessment year(s) 2004-05 to 2010-11 arise against the Commissioner of Income Tax (Appeals)-3 Patna’s separate orders all dated 12.05.2016 passed in case Nos.398-404/CIT(A)- 3/PAT/12-13 involving proceedings u/s 153A r.w.s. 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case files perused

2.

It emerge at the outset that first identical issue involved in all these appeals is that of correctness of assessee’s cash gifts claimed to have been received from his son Shri Sunil Shekhar to the tune of Rs.5.42 lac, Rs1.41

ITA No.193-199/Ran/2016 A.

The order continues below.

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