Sri Jagdish Prasad Sharma, New Delhi vs. ITO, Ghaziabad
The appeal of the assessee is dismissed
ITA 104/DEL/2015[2009-10]Status: DisposedITAT Delhi13 Jan 2020AY 2009-10
Bench: Shri Prashant Maharishi & Shri K.N.Charysri Jagdish Prasad Sharma, Vs. Ito, C/O. Mr. Sandeep Bhatnagar, Ward-1(3), Flat No. 12, 2Nd Floor, Sheel Tara Ghaziabad House, 4866/24, Ansari Road, Darya Ganj, New Delhi Pan: Azpps2130R (Appellant) (Respondent)
For Appellant: Ms. Timsi Sharma, CAFor Respondent: Ms. Rakhi Vimal, Sr. DR
Section 143(3)
…by the appellant are one of gifts which either falls within the limits of section 56(2)(v) of the Act or outside the scope of said section as received from specified relatives. He relied upon the decision of Hon’ble Andhra Pradesh and Telangana High Court in 407 ITR 179 and also of the Hon’ble Delhi High Court in 57 taxman.com 84 stating that wherein, in case of gifts received from relatives no occasion need to be proved and where assessee donor has given confirmation that he had given Sri Jagdish Prasad Sharma Vs. ITO amount towards gift out of love and affection, AO could not have raised doubt about the capaci…