ROBIN AGARWAL,SILIGURI vs. I.T.O., WARD - 1(2), SILIGURI

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ITA 1910/KOL/2024Status: DisposedITAT Kolkata30 December 2024AY 2013-2014Bench: Shri Sanjay Garg (Judicial Member)4 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the AO was not justified in making the addition for marriage gifts as the assessee provided a list of recipients and the evidence remained unrebutted. The issue of closing capital balance was restored to the AO for fresh consideration after the assessee demonstrates the opening balance.

What were the facts?

The assessee purchased a LIC policy using cash gifts received during his marriage. The Assessing Officer (AO) treated the amount as income from unexplained sources, which was confirmed by the CIT(A). The assessee also contested an addition related to closing capital balance, arguing the AO ignored the opening balance.

What were the issues?

Whether cash gifts received on marriage can be treated as income from unexplained sources without proper verification. Whether the AO erred in making an addition to closing capital balance by ignoring the opening balance.

Which sections of the Income-tax Act were involved?

Section 69A,Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C(SMC

Before: Shri Sanjay Garg

आदेश / ORDER The captioned appeal has been preferred by the assessee against the order dated 30.07.2024 of the Ld. Commissioner of Income Tax, (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as the “Ld. CIT(A)”] passed u/s. 250 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) for AY 2013-14. 2. The assessee in this appeal has taken the following grounds of appeal:

1.

1. For that on the facts and circumstances & legal position of the case, the order u/s 250 passed by the Hon'ble CIT(A) is against the principle of natural justice.

1. 2. For that on the facts and circumstances & legal position of the case, the addition of marriage gifts of Rs.10,04,754/- made by the Ld. AD u/s 69A of the Income Tax Act, 1961 without considering the details Robin Agarwal AY 2013-14 furnished before him and without reference to any books of accounts maintained by the appellant was bad in law. The Ld. CIT(A) ought not to have confirmed the addition made by the Ld. AO.

3. For that on the facts and circumstances & legal position of the case, the addition of Rs.l0,95,712/-, being closing capital balance of the appellant as on 31.3.2023, made by the Ld. AO u/s 68 of the Income Tax Act, 1961 on the basis of the balance-sheet as at 31.3.2013 without considering the opening capital of Rs.9,31,714/- as on 1.4.2012 and without reference to any books of accounts maintained by the appellant was bad in law. The Ld. CIT(A) ought not to have confirmed the addition made by the Ld. AO.

4.

That the appellant craves permission to add, amend, alter or vary all or any of the ground of appeal

on or before the date of hearing of the appeal.”

3. Vide Ground no.1, the assessee has contested the action of the lower authorities in making / confirming the addition of Rs. 10,04,754/-.

4. The AO noted that the assessee had purchased a LIC policy of single premium of Rs.10,04,754/- on 24.01.2013. On being asked to explain the source of the said amount, the assessee explained before the Assessing Officer (in short “AO”) that the assessee got married on 14.06.2012. That the aforesaid amount was out of the cash gifts received from relatives and friends. The assessee submitted that as per the custom prevailing in his community, the relatives and friends make cash gifts to the newly married couple for their future wellbeing. On being asked to further explain in this respect, the assessee filed a list of 138 persons along with their names and addresses to the AO who had given small gifts ranging from Rs.9,000/- to Rs. 50,000/- per person to the assessee. Only one gift of Rs.3,00,000/- was alleged to have been given by his grand mother. The AO, however, observed that the aforesaid contention of the assessee was not satisfactory, he, therefore, treated the aforesaid amount as income of the assessee from unexplained sources. The Ld. CIT(A) confirmed the addition as made by the AO.

Robin Agarwal AY 2013-14 5. I have heard the rival contentions and gone through the records. In this case, there is no denial of the fact that the assessee got married during the Financial Year (FY) 2012-13 relevant to the assessment year (AY) 2013-14 under consideration. It is a common practice in India that invitees which included relatives and friends coming even from far flung areas give financial gifts to the married couple. The assessee has given list of 138 persons in this respect to the AO. However, the AO did not call for any verification from a single person and simply rejected the contentions of the assessee, which, in my view, was not justified. There is no denial of the fact that the assessee has got married during the year under consideration and the assessee might have received gifts from his relatives and friends on the said occasion. Considering that the assessee has given a large list of the relatives who had given gifts to the assessee and which evidence remained unrebutted in the assessment proceedings, therefore, I do not find justification on the part of the AO in making the impugned addition, the same is accordingly ordered to be deleted.

6.

Vide ground no. 2, the assessee has contested the action of the lower authorities in making/confirming the addition of Rs.10,95,712/- being the closing capital balance of the assessee as on 31.03.2013. The plea of the assessee is that the AO while making the impugned addition of the aforesaid closing balance has ignored the opening balance of the year of Rs.9,31,714/- as on 01.04.2012. The Ld. Counsel for the assessee has submitted that the aforesaid opening balance of the assessee was coming out from the past assessment years and that even some of the amounts

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