Tirath Ram Gupta v. CIT

304 ITR 145High Court2008#6061 most cited

What is Tirath Ram Gupta v. CIT authority for?

A gift may not be accepted as genuine in the absence of natural love and affection between the donor and the recipient.

19

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2019 to 2025.

Also referred to as

Tirath Ram Gupta v CIT · 2008 · 304 ITR 145 · genuine gifts · absence of natural love and affection · creditworthiness · Section 68 · cash credits

Sections most often in play

Section 115BBESection 132Section 133ASection 142(1)Section 143(1)Section 143(3)Section 153CSection 269SS

Issues it is cited on

surrender of incomesection 131(1a)audi alteram partemsection 292csection 271aacviolation of natural justicechildsection 292section 29accommodation entrysection 132apenny stock

Judgments citing Tirath Ram Gupta v. CIT

SH. YASH PAUL KHANNA PROP.,JALANDHAR vs. INCOME TAX OFFICER, JALANDHAR

In the result, the appeal filed by the assessee is allowed

ITA 211/ASR/2007[2001-02]Status: DisposedITAT Amritsar07 Oct 2025AY 2001-02

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. Y. K. Sud, C.A
Section 143(3)Section 234Section 250(6)Section 263

…movement of funds through bank drafts does not prove the genuineness of gifts , and 16 I.T.A. No. 211/Asr/2007 Assessment Year: 2001-02 in support he relied upon the following decisions of Hon’ble courts and tribunals , (1) Tirath Ram Gupta vs CIT [2008] 304 ITR 145 ( P & H ) , (2) E Ummer Bava vs CIT ( Kerala High Court ) ITA No 13 of 2015 dated 25th October, 2013 , which again is on the question of creditworthiness of the person granting loans , where the Hon’ble court upheld the additions made u/s 68 of the Act 61, on failure on the part of the assessee to prove creditworthiness, ( 3 ) on the case of Ja…

SHRI GANESH BHIVRAJ BHUTADA,PUNE vs. ACIT, CENTRAL CIRCLE1(1), PUNE, PUNE

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 1132/PUN/2024[2018-19]Status: DisposedITAT Pune06 Mar 2025AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: Shri V Narendra Sharma, AdvocateFor Respondent: Shri Amol Khairnar, CIT-DR
Section 132Section 132(4)Section 133ASection 143(1)Section 143(2)Section 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY BHAMORE, JUDICIAL MEMBER ITA Nos.1131 & 1132/PUN/2024 Assessment Years : 2017-18 to 2018-19 Shri Ganesh Bhivraj Bhutada ACIT, 812, Kasba Peth, Near Kamla Vs. Central Circle-1(1), Nehru Hospital, Pune – 411011 Pune PAN: AHPPB9435N (Appellant) (Respondent) Assessee by : Shri V Narendra Sharma, Advocate Department by : Shri Amol Khairnar, CIT-DR Date of hearing : 16-12-2024 Date of pronouncement : 06-03-2025 O R D E R PER R. K. PANDA, VP : The above two appeals filed by the assessee are directed aga…

SHRI GANESH BHIVRAJ BHUTADA,PUNE vs. ACIT, CENTRAL CIRCLE1(1), PUNE, PUNE

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 1131/PUN/2024[2017-18]Status: DisposedITAT Pune06 Mar 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: Shri V Narendra Sharma, AdvocateFor Respondent: Shri Amol Khairnar, CIT-DR
Section 132Section 132(4)Section 133ASection 143(1)Section 143(2)Section 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY BHAMORE, JUDICIAL MEMBER ITA Nos.1131 & 1132/PUN/2024 Assessment Years : 2017-18 to 2018-19 Shri Ganesh Bhivraj Bhutada ACIT, 812, Kasba Peth, Near Kamla Vs. Central Circle-1(1), Nehru Hospital, Pune – 411011 Pune PAN: AHPPB9435N (Appellant) (Respondent) Assessee by : Shri V Narendra Sharma, Advocate Department by : Shri Amol Khairnar, CIT-DR Date of hearing : 16-12-2024 Date of pronouncement : 06-03-2025 O R D E R PER R. K. PANDA, VP : The above two appeals filed by the assessee are directed aga…

SH. PARSHOTAM LAL,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, we upheld the addition totaling to Rs 18,31,800/- towards cash seized u/s 69A in A

ITA 111/CHANDI/2023[2020-21]Status: DisposedITAT Chandigarh15 Apr 2024AY 2020-21

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Rishabh Marwah, C.AFor Respondent: Smt. Kusum, CIT, DR
Section 115BSection 69A

…hey were benamidars of the assessee. It was further submitted that even if any addition is called for, it can be made only in the hands of the mother of the assessee who has unfortunately expired. 20. Regarding judgement of the Tirath Ram Gupta Vs. CIT[2008] 304 ITR 145 (P&H), it was submitted that the same is not applicable in the facts of the present case as in that case, the gift was given to the appellant by an unrelated person without any reason whereas in the case of the assessee, the relationship of the donor being the mother of the assessee was inquestionable and as such the above case is not applicable…

SH. PARSHOTAM LAL,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, we upheld the addition totaling to Rs 18,31,800/- towards cash seized u/s 69A in A

ITA 110/CHANDI/2023[2019-20]Status: DisposedITAT Chandigarh15 Apr 2024AY 2019-20

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Rishabh Marwah, C.AFor Respondent: Smt. Kusum, CIT, DR
Section 115BSection 69A

…hey were benamidars of the assessee. It was further submitted that even if any addition is called for, it can be made only in the hands of the mother of the assessee who has unfortunately expired. 20. Regarding judgement of the Tirath Ram Gupta Vs. CIT[2008] 304 ITR 145 (P&H), it was submitted that the same is not applicable in the facts of the present case as in that case, the gift was given to the appellant by an unrelated person without any reason whereas in the case of the assessee, the relationship of the donor being the mother of the assessee was inquestionable and as such the above case is not applicable…

SH. PARSHOTAM LAL,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, we upheld the addition totaling to Rs 18,31,800/- towards cash seized u/s 69A in A

ITA 109/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh15 Apr 2024AY 2018-19

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Rishabh Marwah, C.AFor Respondent: Smt. Kusum, CIT, DR
Section 115BSection 69A

…hey were benamidars of the assessee. It was further submitted that even if any addition is called for, it can be made only in the hands of the mother of the assessee who has unfortunately expired. 20. Regarding judgement of the Tirath Ram Gupta Vs. CIT[2008] 304 ITR 145 (P&H), it was submitted that the same is not applicable in the facts of the present case as in that case, the gift was given to the appellant by an unrelated person without any reason whereas in the case of the assessee, the relationship of the donor being the mother of the assessee was inquestionable and as such the above case is not applicable…

SH. PARSHOTAM LAL,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, we upheld the addition totaling to Rs 18,31,800/- towards cash seized u/s 69A in A

ITA 108/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh15 Apr 2024AY 2017-18

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Rishabh Marwah, C.AFor Respondent: Smt. Kusum, CIT, DR
Section 115BSection 69A

…hey were benamidars of the assessee. It was further submitted that even if any addition is called for, it can be made only in the hands of the mother of the assessee who has unfortunately expired. 20. Regarding judgement of the Tirath Ram Gupta Vs. CIT[2008] 304 ITR 145 (P&H), it was submitted that the same is not applicable in the facts of the present case as in that case, the gift was given to the appellant by an unrelated person without any reason whereas in the case of the assessee, the relationship of the donor being the mother of the assessee was inquestionable and as such the above case is not applicable…

SH. PARSHOTAM LAL,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, we upheld the addition totaling to Rs 18,31,800/- towards cash seized u/s 69A in A

ITA 107/CHANDI/2023[2016-17]Status: DisposedITAT Chandigarh15 Apr 2024AY 2016-17

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Rishabh Marwah, C.AFor Respondent: Smt. Kusum, CIT, DR
Section 115BSection 69A

…hey were benamidars of the assessee. It was further submitted that even if any addition is called for, it can be made only in the hands of the mother of the assessee who has unfortunately expired. 20. Regarding judgement of the Tirath Ram Gupta Vs. CIT[2008] 304 ITR 145 (P&H), it was submitted that the same is not applicable in the facts of the present case as in that case, the gift was given to the appellant by an unrelated person without any reason whereas in the case of the assessee, the relationship of the donor being the mother of the assessee was inquestionable and as such the above case is not applicable…

SH. PARSHOTAM LAL,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, we upheld the addition totaling to Rs 18,31,800/- towards cash seized u/s 69A in A

ITA 106/CHANDI/2023[2015-16]Status: DisposedITAT Chandigarh15 Apr 2024AY 2015-16

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Rishabh Marwah, C.AFor Respondent: Smt. Kusum, CIT, DR
Section 115BSection 69A

…hey were benamidars of the assessee. It was further submitted that even if any addition is called for, it can be made only in the hands of the mother of the assessee who has unfortunately expired. 20. Regarding judgement of the Tirath Ram Gupta Vs. CIT[2008] 304 ITR 145 (P&H), it was submitted that the same is not applicable in the facts of the present case as in that case, the gift was given to the appellant by an unrelated person without any reason whereas in the case of the assessee, the relationship of the donor being the mother of the assessee was inquestionable and as such the above case is not applicable…

SH. PARSHOTAM LAL,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, we upheld the addition totaling to Rs 18,31,800/- towards cash seized u/s 69A in A

ITA 105/CHANDI/2023[2014-15]Status: DisposedITAT Chandigarh15 Apr 2024AY 2014-15

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Rishabh Marwah, C.AFor Respondent: Smt. Kusum, CIT, DR
Section 115BSection 69A

…hey were benamidars of the assessee. It was further submitted that even if any addition is called for, it can be made only in the hands of the mother of the assessee who has unfortunately expired. 20. Regarding judgement of the Tirath Ram Gupta Vs. CIT[2008] 304 ITR 145 (P&H), it was submitted that the same is not applicable in the facts of the present case as in that case, the gift was given to the appellant by an unrelated person without any reason whereas in the case of the assessee, the relationship of the donor being the mother of the assessee was inquestionable and as such the above case is not applicable…

BHARAT DE vs. HI DAGHA,THANEVS.ITO WARD 3(1), KALYAN

In the result, both the appeals of the assessee are dismissed

ITA 3315/MUM/2023[2009-10]Status: DisposedITAT Mumbai07 Feb 2024AY 2009-10

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2009-10 & Assessment Year: 2010-11 Bharat Devshi Dagha, Ito, Ward 3(1), 3/13, Geet Govind Chs. Rani Mansion Manpada Road, Vs. Maharashtra-421301. Dombivli East-421 201. Pan No. Aarpd 9399 Q Appellant Respondent

For Appellant: Mr. Kalpesh Khatri, CAFor Respondent: Mr. Surendra Kumar Meena, Sr. DR
Section 147Section 148

…and affection. The Tribunal had followed the was no natural love and affection. The Tribunal had followed the judgment of the jurisdictional High Court in Sh judgment of the jurisdictional High Court in Shri Tirath Ram Gupta v ri Tirath Ram Gupta v CIT [2008] 304 ITR 145/[2009] 177 Taxman 294 (Punj. & Har.), laying CIT [2008] 304 ITR 145/[2009] 177 Taxman 294 (Punj. & Har.), laying CIT [2008] 304 ITR 145/[2009] 177 Taxman 294 (Punj. & Har.), laying down that in the absence of natural love and affection, the gift could down that in the absence of natural love and affection, the gift could down that in the absence…

BHARAT DE vs. HI DAGHA,THANEVS.ITO WARD 3(1), KALYAN

In the result, both the appeals of the assessee are dismissed

ITA 3314/MUM/2023[2010-11]Status: DisposedITAT Mumbai07 Feb 2024AY 2010-11

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2009-10 & Assessment Year: 2010-11 Bharat Devshi Dagha, Ito, Ward 3(1), 3/13, Geet Govind Chs. Rani Mansion Manpada Road, Vs. Maharashtra-421301. Dombivli East-421 201. Pan No. Aarpd 9399 Q Appellant Respondent

For Appellant: Mr. Kalpesh Khatri, CAFor Respondent: Mr. Surendra Kumar Meena, Sr. DR
Section 147Section 148

…and affection. The Tribunal had followed the was no natural love and affection. The Tribunal had followed the judgment of the jurisdictional High Court in Sh judgment of the jurisdictional High Court in Shri Tirath Ram Gupta v ri Tirath Ram Gupta v CIT [2008] 304 ITR 145/[2009] 177 Taxman 294 (Punj. & Har.), laying CIT [2008] 304 ITR 145/[2009] 177 Taxman 294 (Punj. & Har.), laying CIT [2008] 304 ITR 145/[2009] 177 Taxman 294 (Punj. & Har.), laying down that in the absence of natural love and affection, the gift could down that in the absence of natural love and affection, the gift could down that in the absence…

M/S ADITI SCANS PVT. LTD,BIJAPUR vs. ACIT, CIRCLE - 1, BIJAPUR

In the result, appeal of the assessee is allowed for statistical purposes

ITA 38/PAN/2018[2009-10]Status: DisposedITAT Panaji07 Oct 2021AY 2009-10

Bench: Shri Laliet Kumar, Jm & Dr. Mitha Lal Meena, Am M/S Aditi Scans Pvt. Ltd. Vs Acit, Circle-1, Bijapur Shiva Kunja Chalukya Nagar (East) Solapur Road, Vijaypur, Vijaypur Pan No.Aagca 7255 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधााररती की ओर से /Assessee By : Shri Prasanth G.S., Ca राजस्व की ओर से /Revenue By : Shri Prabhat Jha, Citdr सुनवाई की तारीख / Date Of Hearing : 07/10/2021 घोषणा की तारीख/Date Of Pronouncement : 07/10/2021 आदेश / O R D E R Per Bench : This An Appeal Filed By The Revenue Against The Order Passed By The Cit(A), Gulbarga, Dated 29.11.2017 For The Assessment Year 2009- 2010, On The Following Grounds :- The Order Of The Learned Cit(A) In So Far As It Is Against The 1. Appellant, Is Opposed To Law, Weight Of Evidence, Natural Justice, Probabilities, Facts & Circumstances Of The Appellant'S Case. The Appellant Denies Itself Liable To Be Assessed On A Total Loss 2. Of Rs. 15,76,829/- As Against The Lossof Rs.75,46,930/- Under The Facts & Circumstances Of The Case. The Authorities Below Erred In Treating The Share Capital Of Rs. 3. 13,75,000/- As Unexplained Money Under Section 68 Of The Act Under The Facts & Circumstances Of The Case. The Order Of The Authorities Below Is Bad In Law As The Amount 4. Of Rs. 13,75,000/- Cannot Be Brought To Tax In The Hands Of The Appellant As The Mandatory Conditions To Invoke Section 68 Of The Act Have Not Been Satisfied Under The Facts & Circumstances Of The Case.

For Appellant: Shri Prasanth G.S., CAFor Respondent: Shri Prabhat Jha, CITDR
Section 263Section 68

…pe in the assessment of a company to examine the credit worthiness. The Assessing Officer brought on record that the mere receipt through banking channel does notipso factor proves the genuineness of the credit. Reliance was placed on Tirath Ram Gupta Vs. CIT 304 ITR 145(P&H). The onus to prove the genuineness of the trnasations lies with the appellant, which has not been discharged. Therefore, the cash credits under Sections 68 were treated asunexplained cash credits of the Income Tax Act, 1961 With regard to the increase in unsecured loans, the AR was requested to prove the identity of the person, thereir capac…

SUDHIR JAIN HUF,NEW DELHI vs. ITO, WARD- 25(1), NEW DELHI

In the result, all the 04 appeals of different assesses are dismissed

ITA 1741/DEL/2018[2005-06]Status: DisposedITAT Delhi03 Feb 2020AY 2005-06

Bench: Sh. H.S. Sidhuassessment Year: 2005-06 Smt. Meenu Jain, Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Aalpj5836E) A N D Assessment Year: 2005-06 Smt. Sushma Jain, Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Aagpj6675A) A N D Assessment Year: 2005-06 Smt. Daya Jain, Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Adrpj4409L) A N D Assessment Year: 2005-06 Shri Sudhir Jain (Huf), Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Aalpj5836E) (Appellants) (Respondents)

Section 143(1)Section 143(2)Section 68

…case - reg. In the above case, apart from relying on the decision of learned CIT(A), it is humbly submitted that the following decisions may kindly be considered: 1. Tirath Ram Gupta Vs CIT P&H High Court 2006 [2009] 177 Taxman 294 (Punjab & Haryana)/[2008] 304 ITR 145 (Punjab & Haryana) A gift cannot be genuine because the amount has come by way of cheque or draft through banking channels. The identity of the donor, his creditworthiness, relationship with the donee and the occasion are to be proved to be genuine. 2. Balbir Singh Vs CIT P&H High Court 2010 [2010] 8 taxmann.com 202 (Punjab & Haryana)/[2011] 196…

DAYA JAIN,NEW DELHI vs. ITO, WARD- 25(1), NEW DELHI

In the result, all the 04 appeals of different assesses are dismissed

ITA 1740/DEL/2018[2005-06]Status: DisposedITAT Delhi03 Feb 2020AY 2005-06

Bench: Sh. H.S. Sidhuassessment Year: 2005-06 Smt. Meenu Jain, Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Aalpj5836E) A N D Assessment Year: 2005-06 Smt. Sushma Jain, Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Aagpj6675A) A N D Assessment Year: 2005-06 Smt. Daya Jain, Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Adrpj4409L) A N D Assessment Year: 2005-06 Shri Sudhir Jain (Huf), Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Aalpj5836E) (Appellants) (Respondents)

Section 143(1)Section 143(2)Section 68

…case - reg. In the above case, apart from relying on the decision of learned CIT(A), it is humbly submitted that the following decisions may kindly be considered: 1. Tirath Ram Gupta Vs CIT P&H High Court 2006 [2009] 177 Taxman 294 (Punjab & Haryana)/[2008] 304 ITR 145 (Punjab & Haryana) A gift cannot be genuine because the amount has come by way of cheque or draft through banking channels. The identity of the donor, his creditworthiness, relationship with the donee and the occasion are to be proved to be genuine. 2. Balbir Singh Vs CIT P&H High Court 2010 [2010] 8 taxmann.com 202 (Punjab & Haryana)/[2011] 196…

SUSHMA JAIN,NEW DELHI vs. ITO, WARD- 25(1), NEW DELHI

In the result, all the 04 appeals of different assesses are dismissed

ITA 1739/DEL/2018[2005-06]Status: DisposedITAT Delhi03 Feb 2020AY 2005-06

Bench: Sh. H.S. Sidhuassessment Year: 2005-06 Smt. Meenu Jain, Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Aalpj5836E) A N D Assessment Year: 2005-06 Smt. Sushma Jain, Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Aagpj6675A) A N D Assessment Year: 2005-06 Smt. Daya Jain, Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Adrpj4409L) A N D Assessment Year: 2005-06 Shri Sudhir Jain (Huf), Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Aalpj5836E) (Appellants) (Respondents)

Section 143(1)Section 143(2)Section 68

…case - reg. In the above case, apart from relying on the decision of learned CIT(A), it is humbly submitted that the following decisions may kindly be considered: 1. Tirath Ram Gupta Vs CIT P&H High Court 2006 [2009] 177 Taxman 294 (Punjab & Haryana)/[2008] 304 ITR 145 (Punjab & Haryana) A gift cannot be genuine because the amount has come by way of cheque or draft through banking channels. The identity of the donor, his creditworthiness, relationship with the donee and the occasion are to be proved to be genuine. 2. Balbir Singh Vs CIT P&H High Court 2010 [2010] 8 taxmann.com 202 (Punjab & Haryana)/[2011] 196…

MEENU JAIN,NEW DELHI vs. ITO, WARD- 25(1), NEW DELHI

In the result, all the 04 appeals of different assesses are dismissed

ITA 1738/DEL/2018[2005-06]Status: DisposedITAT Delhi03 Feb 2020AY 2005-06

Bench: Sh. H.S. Sidhuassessment Year: 2005-06 Smt. Meenu Jain, Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Aalpj5836E) A N D Assessment Year: 2005-06 Smt. Sushma Jain, Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Aagpj6675A) A N D Assessment Year: 2005-06 Smt. Daya Jain, Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Adrpj4409L) A N D Assessment Year: 2005-06 Shri Sudhir Jain (Huf), Ito, 158, Rajdhani Enclave, Vs. Ward : 25 (1), Pitampura, New Delhi – 34 New Delhi (Pan: Aalpj5836E) (Appellants) (Respondents)

Section 143(1)Section 143(2)Section 68

…case - reg. In the above case, apart from relying on the decision of learned CIT(A), it is humbly submitted that the following decisions may kindly be considered: 1. Tirath Ram Gupta Vs CIT P&H High Court 2006 [2009] 177 Taxman 294 (Punjab & Haryana)/[2008] 304 ITR 145 (Punjab & Haryana) A gift cannot be genuine because the amount has come by way of cheque or draft through banking channels. The identity of the donor, his creditworthiness, relationship with the donee and the occasion are to be proved to be genuine. 2. Balbir Singh Vs CIT P&H High Court 2010 [2010] 8 taxmann.com 202 (Punjab & Haryana)/[2011] 196…

SHRI PUNEET JAIN,MEERUT vs. ITO, MEERUT

In the result, the appeal of the assessee in ITA No

ITA 1569/DEL/2012[2008-09]Status: DisposedITAT Delhi27 Sept 2019AY 2008-09

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble

For Appellant: Shri K. Sampat, AdvFor Respondent: Smt. Suleka Verma, CIT-DR
Section 131Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 234ASection 271(1)(c)Section 44A

…he findings recorded by the Tribunal that there was no relationship between the donors and the assessee and there was no natural love and affection. The Tribunal had followed the judgment of the jurisdictional High Court in Shri Tirath Ram Gupta v. CIT [20081 304 ITR 145/[20091 177 Taxman 294 (Punj. & Har ), laying down that in the absence of natural love and affection, the gift could not be accepted as genuine. [Para 6] The question whether denial of opportunity of cross- examination results in violation of natural justice depends upon facts of each case. The object of cross-examination is to test the veracity…

SH. KRISHAN KUMAR,NEW DELHI vs. ITO, NEW DELHI

In the result, appeal of Assessee dismissed

ITA 139/DEL/2016[2011-12]Status: DisposedITAT Delhi12 Jul 2019AY 2011-12

Bench: Shri Bhavnesh Saini & Shri B.R.R. Kumar

For Appellant: Shri K.R. Manjani, AdvocateFor Respondent: Ms. Rinku Singh, Sr. D.R
Section 148Section 69

…ew Delhi. onus lies on the donee not only to establish the identity of the donor but also the donor's capacity to make such a gift and also the genuineness of transactions. Similarly, Hon'ble Punjab and Haryana High Court in the case Tirath Ram Gupta vs. CIT, 304 ITR 145, has opined that to see the genuineness of a gift, the test of human probability is the most appropriate. A gift cannot be accepted as such to be genuine merely because the amount has come by way of a cheque or draft through banking channels, unless the identity of the donor, his creditworthiness, relationship with donee and the occasion are prov…

Tirath Ram Gupta v. CIT (304 ITR 145) — Cited in 19 Judgments | BharatTax