ANJANA GARODIA,KOLKATA vs. ITO, WARD - 49(2), KOLKATA, KOLKATA

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ITA 759/KOL/2018Status: DisposedITAT Kolkata28 February 2019AY 2004-052 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The tribunal held that the assessee successfully proved gifts from specific donors who appeared and confirmed the transactions. The department had not made additions in the hands of these donors.

What were the facts?

The assessee claimed gifts totaling ₹11.88 lac for AY 2004-05. The lower authorities added these sums, stating the donors had meager sources of income. This was the second round of litigation after a previous tribunal order for factual verification.

What were the issues?

The primary issue was the validity of the reassessment proceedings, which the assessee did not press. The main dispute concerned the genuineness of the gift receipts and the donors' capacity to provide such gifts.

Which sections of the Income-tax Act were involved?

Section 147,Section 143(3),Section 251,Section 254

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “SMC” KOLKATA

Before: Shri S.S, Godara

O R D E R This assessee’s appeal for assessment year 2004-05, arises against the Commissioner of Income-tax (Appeals)-15, Kolkata’s order dated 21.03.2018 passed in case No.366/CIT(A)-15/15-16/Wd-49(2)/Kol involving proceedings u/s. 254 r.w.s. 251 r.w.s. 143(3) r.w.s. 147 of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused.

2.

Learned counsel representing assessee at the outset in not pressing for assessee’s former substantive ground challenging validity of re-assessment in issue.

3.

Coming merits I find that this is the second round litigation regarding correctness of assessee’s gift claim to the tune of ₹11.88 lac. This tribunal’s co- ordinate bench in had restores the instant issue vide its order dated 02.05.2014 back to the Assessing Officer to carry out necessary factual verification. There is no dispute that assessee had claimed thanimpugned gifts to have come form 13 donors namely, (1) Govind Pd. Nohal (2), Uma Shankar Shukla (3)

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