VINTI ABHISHEK LODHA, MUMBAI V. DCIT CEN CIR 7(3) ( ERSTWHILE CEN CIR 42), MUMBAI

ITA 3267/MUM/2015

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 100685 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 12-08-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 29-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Gift; Search and seizure; Onus to prove
• Section: 143(3); 153A; 68; 144; 139

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL, SMC BENCH, MUMBAI BEFORE S/SHRI B.R.BASKARAN ,AM AND LALIT KUMAR, JM ./ I.T.A. NO . 3 266 / MUM/20 1 5 ( / ASSESSMENT YEA R : 2006 - 07 ) SHEET AL ABHINANDAN LODHA, 412,4 TH FLOOR, 17G, VARDHAMAN CHAMBER, CAWASJI PATEL ROAD, HORNIMAN CIRCLE, FORT, MUMBAI - 400001 / VS. DY. COMMISSIONER OF INCOME TAX , C EN C IR - 7(3) (ERSTWHILE CENTRAL CIRCLE 42 ) , ROOM NO.655, AAYAKAR BHAVAN, M K ROAD, MUMBAI - 4000 20 . ( / APPELLANT ) .. ( / RESPONDENT ) ./ ./PAN/GIR NO. : BDCPS7295H ./ I.T.A. NO .3 267 / MUM/20 15 ( / ASSESSMENT YEA R : 2006 - 2007 ) VINTI ABHISHEK LODHA, 412,4 TH FLOOR, 17G, VARDH AMAN CHAMBER, CAWASJI PATEL ROAD, HORNIMAN CIRCLE, FORT, MUMBAI - 400001 / VS. DY. COMMISSIONER OF INCOME TAX, CC - 7(3) (ERSTWHILE CENTRAL CIRCLE 42 ) , ROOM NO.655, AAYAKAR BHAVAN, M K ROAD, MUMBAI - 400020 ( / APPELLANT ) .. ( / R ESPONDENT ) ./ ./PAN/GIR NO. : ACYPL1772G / APPELLANT S BY SHRI VIJAY MEHTA / RSPONDENT BY SHRI T SHASHI KUMAR / DATE OF HEARING : 1 2 .8 . 201 5 / DATE OF PRONOUNCEMENT: 21 . 8. 201 5 / O R D E R P ER B R BASKARAN, AM: THE APPEALS FILED BY THE ASSESSEES CITED ABOVE ARE D IRECTED AGAINST THE ORDERS PASSED BY THE LD. CIT(A) - 48, MUMBAI IN THEIR RESPECTIVE HANDS ITA NO. 3266 AND 3267 / MUM/20 1 5 2 AND BOTH RELATE T O THE ASSESSMENT YEAR 2006 - 07. SINCE IDENTICAL ISSUE IS URGED IN BOTH THE APPEALS , THEY WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER FO R THE SAKE OF CONVENIENCE . 2. B OTH THE ASSESSEES ARE QUESTIONING THE VALIDITY OF ADDITION MADE B Y THE AO IN THE ASSESSMENT PROCEEDINGS FRAMED UNDER SECTION 143(3) R.W.S. 153A OF THE ACT CONSEQUENT TO THE SEARCH OPERATION S . 3. THE FACTS OF THE CASE ARE STATED IN BRIEF . T HE REVENUE CARRIED OUT SEARCH AND SEIZURE OPERATIONS IN THE HANDS OF LODHA GRO UP OF CASES ON 10.1.2011. THE ASSESSEES HEREIN ALSO FALL IN LODHA GROUP AND HENCE THEY WERE ALSO SUBJECTED TO SEARCH . CONSEQUENTLY, THE AO ISSUED NOTICE S U/S 153A TO BOTH THE ASSESSEES. THE ASSESSEE NAMED AS SMT.SHEETAL ABHINANDAN LODHA DECLARED A TOTAL INCOME OF RS.42,056/ - AND ASSESSEE NAMED AS VINTI ABHISHEKH LODHA DECLARED A TOTAL INCOME OF RS.1,21,300/ - IN THE RETURN OF INCOME FILED FOR AY 2006 - 07 IN RESPONSE TO THE NOTICE ISSUED U/S 153A OF THE ACT . FROM THE RETURN OF INCOME FILED BY THESE ASSESSEE S, T HE AO NOTICE D THAT BOTH THE ASSESSEES HAD CLAIMED RECEIPT OF GIFT S AS DETAILED BELOW: - (A) MRS.SHEETAL ABHINANDAN LODHA - RS. 2,10,200/ - (B) MS.VINTI LODHA - RS. 1,04,100/ - . THE AO SOUGHT EXPLANATION WITH REGARD TO THE GIF T S RECEIVED BY BOTH THE PARTIES. MRS.SHEETAL ABINANDAN LODHA STATED THAT SHE RECEIVED THE GIFT AT THE TIME OF HER MARRIAGE ON 22.1.2006 FROM HER RELATIVES AND FRIENDS. HOWEVER, SHE COULD NOT PROVIDE THE DETAILS OF THE PERSONS FROM WHOM THE GIFT S WERE RECE IVED. HENCE, THE AO ASSESSED THE GIFT AMOUNT OF RS.2, 10 , 2 00/ - AS HER I NCOME. MS. VINTI ABHISHEK LODHA ALSO COULD NOT FURNISH THE DETAILS RELATING TO THE GIFT RECEIPT OF RS.1,04,100/ - AND HENCE THE AO ASSESSED THE SAME AS HER INCOME . ITA NO. 3266 AND 3267 / MUM/20 1 5 3 4. BEFORE T HE LD. CI T(A), BOTH THE ASSESSEES CONTESTED THE VALIDITY OF ADDITION OF GIFT RECEIPTS BY RAISING A LEGAL GROUND , VIZ., THE AO COULD NOT HAVE MADE THE ADDITIONS, SINCE THE REVENUE DID NOT UNEARTH ANY INCRIMINATING MATERIALS RELATING TO THE GIFT RECEIPTS. ACCORDING TO THE ASSESSEES, T HE ASSESSMENT RELATING TO THE ASSESSMENT YEAR 2006 - 07 FALLS UNDER THE CATEGORY OF CONCLUDED PROCEEDINGS AND HENCE IT WOULD NOT ABATE AS PER THE PROVISIONS OF SEC. 153A OF THE ACT. IN TH E FOLLOWING CASES, IT HAS BEEN HELD THAT THE AO I S ENTITLED TO MAKE ANY ADDITION IN THE CASE OF CONCLUDED PROCEEDINGS ONLY ON THE BASIS OF INCRIMINATING MATERIAL ONLY. A) JAI STEEL (INDIA) V/S ACIT - [2013] 259 CTR 281 (RAJ) B) ACIT V/S PRATIBHA INDUSTRIES LTD. - [2013] 141 ITD 151 (ITAT[MUM]) C) ALL CARGO GLOBAL LOGISTICS LTD. V/S DCIT - [2012] 137 ITD 287(ITAT[MUM]) (SB) SINCE THERE WAS NO INCRIMINATING MATERIAL RELATING TO THE GIFTS WAS STUMBLED UPON BY THE REVENUE, IT WAS CONTENDED THAT THE AO WAS NOT RIGHT IN LAW IN ASSESSING THE GI FT RECEIPTS IN THE HANDS OF THE ASSESSEES HEREIN. 5. HOWEVER, THE LD. CIT(A) DID NOT AGREE WITH THE SAID CONTENTION S OF THE ASSESSEE S . THE L.D CIT(A) , ON THE CONTRARY , PLACED RELIANCE ON THE DECISION RENDERED BY THE HONBLE DELHI HIGH COURT IN THE C ASE OF CIT V/S ANIL KUMAR BHATIA (2012) (82 CCH 113) AND HELD THAT THE DECISION S RELIED BY THE ASSESSEE ARE NOT APPLICABLE TO THE FACTS OF THE PRESENT CASE , S INCE THESE ASSESSEES HAVE NOT FILED RETURNS OF INCOME UNDER REGULAR PROVISIONS OF THE ACT EARLIE R TO THE DATE OF INITIATION OF SEARCH AND HENCE THERE EXISTS NO INTIMATION U/S 143(1) OR ASSESSMENT ORDER UNDER SECTION 143(3) OF THE ACT. ACCORDINGLY, HE HELD THAT THE AO WAS JUSTIFIED IN MAKING ADDITIONS ON THE SCRUTINY OF RETURN OF INCOME. ON MERITS, THE LD CIT(A) UPHELD THE ADDITION, SINCE THE ASSESSEES HAVE FAILED TO FURNISH RELEVANT DETAILS RELATING TO GIFT RECEIPTS. AGGRIEVED, THE ASSESSEE S HA VE FILED THE S E APPEAL S BEFORE US. ITA NO. 3266 AND 3267 / MUM/20 1 5 4 6 . THE LD. AR SUBMITTED THAT THE ASSESSMENT RELATING TO THE AY 2006 - 07 WOULD FALL IN THE CATEGORY OF CONCLUDED ASSESSMENT, SINCE NO PROCEEDING RELATING TO THE SAME IS PENDING AS ON THE DATE OF SEARCH. HE SUBMITTED THAT THE SPECIAL BENCH OF THE TRIBUNAL HAS HELD IN THE CASE OF ALL CARGO GLOBAL LOGISTICS LTD. V/S DCIT - (SUPRA ) THAT THE ADDITIONS, IF ANY, CAN BE MADE IN THE CASE OF CONCLUDED ASSESSMENTS ONLY ON THE BASIS OF INCRIMINATING MATERIALS, IF ANY, FOUND DURING THE COURSE OF SEARCH. HE FURTHER SUBMITTED THAT THE DECISION OF SPECIAL BENCH, REFERRED ABOVE, HAS SINCE BEEN APPROVED BY THE HONBLE JURISDICTIONAL BOMBAY HIGH COURT BY ITS ORDER DATED 21 - 04 - 2015 PASSED IN ITA NO.1969 OF 2013 ALONG WITH THE APPEAL OF ANOTHER ASSESSEE NAMED CONTINENTAL WAREHOUSING CORPORATION (ITA NO. 523 OF 2013) AND ALSO REPORTED IN THE NAME OF LATER. HE FURTHER SUBMITTED TH AT THE DEPARTMENT DID NOT UNEARTH ANY MATE RIAL WITH REGARD TO THE RECEIPT OF GIFT S AND HENCE THE AO WAS NOT JUSTIFIED IN ASSESSING THE GIFT RECEIPTS AS INCOME OF T HE ASSESSEES HEREIN . 7 . THE ASSESSEE WAS SPECIFICALLY ASKED BY THE BENCH AS TO WHETHER THESE ASSESSES HAD FILED RETURN OF INCOME EARLIER U/S 139 OF THE ACT FOR THE ASSESSMENT YEAR UNDER CONSIDERATION, THE LD. AR FAIRLY AD MITTED THAT THE Y HAVE NOT FILED RETURN OF INCOME U/S 139 OF THE ACT. HE ALSO CONCEDED THAT THE RETURN OF INCOME FILED IN RESPONSE TO THE NOTICE ISSUED U/S 153A OF THE ACT IS THE FIRST RETURN OF INCOME FILED BY THE ASSESSEES. IT IS ALSO PERTINENT TO NOTE THAT THE AO HAD ALSO NOT INITIATED ANY PROCEEDING ON HIS OWN TO ASSESS THE INCOME OF THE ASSESS EES FOR THE YEAR UNDER CONSIDERATION. HE ALSO SUBMITTED THAT THERE WAS NO NECESSITY FOR THE ASSESSEES TO FILE RETURN OF INCOME, SINCE T HE TOTAL INCOME OF THE SE ASSESSEE S WAS LESS THAN THE NON TAXABLE LIMIT PRESCRIBED FOR THE RELEVANT YEAR . HE SUBMITTED T HAT NON - FILING OF THE RETURN DUE TO LOWER INCOME LEVEL WILL NOT DISENTITLE THE ASSESSEE FROM APPLYING THE RATIO LAID DOWN BY THE SPECIAL BENCH OF THE TRIBUNAL IN THE CASE OF ALL CARGO GLOBAL LOGISTICS LTD(SUPRA). HE INVITED OUR ATTENTION TO THE SECOND PROVISO TO SEC. 153A(1) OF THE ACT AND SUBMITTED ITA NO. 3266 AND 3267 / MUM/20 1 5 5 THAT THE SAID PROVISO PROVIDES FOR ABATEMENT OF ASSESSMENTS PENDING ON THE DATE OF SEARCH. HE SUBMITTED THAT THE ASSESSMENT PERTAINING TO THE AY 2006 - 07 WAS NOT PENDING AS ON THE DATE OF SEARCH AND HENCE T HE SAME SHA LL NOT ABATE. ACCORDINGLY HE SUBMITTED THAT THE RATIO LAID DOWN BY THE SPECIAL BENCH IN THE CASE OF ALL CARGO GLOBAL LOGISTICS LTD (SUPRA) SHALL BE APPLIED TO THE INSTANT CASES ALSO, EVEN THOUGH THESE ASSESSEES HAVE NOT F ILED RETURN OF INCOME U /S 139 OF THE ACT PRIOR TO THE DATE OF INITIATION OF SEARCH. 8 . ON THE CONTRARY, THE LD. DR SUBMITTED THAT THESE ASSESSEES HAVE NOT FILED RETURN OF INCOME PRIOR TO THE DATE OF SEARCH AND HENCE THERE WAS NO NECESSITY FOR PASSING ANY ASSESSMENT ORDER FOR TH E YEAR UNDER CONSIDERATION IN THE HANDS OF THE ASSESSEES . HE FURTHER SUBMITTED THAT THE SECOND PROVISO TO SEC. 153A(1) PROVIDES THAT THE ASSESSMENT OR REASSESSMENT PENDING AS ON THE DATE OF INITIATION OF SEARCH SHALL ABATE. HE SUBMITTED THAT THE PROVISIO NS OF SEC. 153A DO NOT PROVIDE ANYTHING ABOUT THE ASSESSMENT YEARS, WHERE THE ASSESSEES HAVE FAILED TO FILE ORIGINAL RETURN OF INCOME. ACCORDINGLY HE SUBMITTED THAT THE ASSESSMENT PERTAINING TO AY 2006 - 07 CANNOT BE CONSIDERED TO BE CONCLUDED IN THE INSTAN T CASES IN THE ABSENCE OF EITHER AN INTIMATION U/S 143(1)(A) OF THE ACT OR AN ASSESSMENT ORDER U/S SECTION 143(3) OF THE ACT OR EVEN THE ORIGINAL RETURNS OF INCOME . ACCORDINGLY, HE SUBMITTED THAT THE ASSESSEE S CANNOT TAKE SUPPORT OF RATIO LAID DOWN BY THE SPECIAL BENCH OF THE TRIBUNAL IN THE CASE OF ALL CARGO GLOBAL LOGISTICS LTD (SUPRA) . 9 . WE HAVE HEARD THE RIVAL CONTENTIONS AND CAREFULLY PERUSED THE RECORD. ADMITTEDLY, THESE ASSESSEES HAVE NOT FILE D ORIGINAL RETURN S OF INCOME PRIOR TO THE DATE OF I NITIATION OF SEARCH U NDER THE REGULAR PROVISIONS OF THE ACT. THE RETURN OF INCOME FILED BY THEM UNDER SECTION 1 53A OF THE ACT FOR THE ASSESSMENT YEAR UNDER CONSIDERATION WAS THE FIRST RETURN OF INCOME FILED BY THE ASSESSEES. THE SECOND PROVISO TO SECTION 153A STATES ITA NO. 3266 AND 3267 / MUM/20 1 5 6 THAT THE ASSESSMENT OR RE - ASSESSMENT , IF ANY , RELATING TO ANY ASSESSMENT YEAR FALLING WITHIN THE PERIOD OF SIX ASSESSMENT YEARS REFERRED TO IN SECTION 153A(1) PENDING ON THE DATE OF INITIATION OF SEARCH SHALL ABATE. THE ASSESSMENT YEAR UNDER CONSIDERATION, VIZ., AY 2006 - 07 FALLS WITHIN THE SIX ASSESSMENT YEARS REFERRED TO IN SEC. 153A(1), BUT THE SAME IS NOT PENDING AS ON THE DATE OF INITIATION OF SEARCH. H ENCE, THE QUESTION OF ABATEMENT OF ASSESSMENT DOES NOT ARISE IN THE INSTANT CASES. 10 . THE NEXT QUESTION THAT ARISES IS WHETHER THE ASSESSMENT YEAR UNDER CONSIDERATION WOULD FALL IN THE CATEGORY OF UNABATED ASSESSMENTS OR NOT? IN THE INSTANT CASES, WE HAVE NOTICED EARLIER THAT BOTH THE ASSESSEE S HAVE NOT FILED THE RETURN OF INCOME FOR THE Y EAR UNDER CONSIDERATION UNDER REGULAR PROVISIONS OF THE ACT. THERE SHOULD NOT BE ANY DISPUTE THAT THE QUESTION OF ASSESSMENT SHALL ARISE ONLY IF THE ASSESSEES HAVE FILED RETURNS OF INCOME OR IF THE ASSESSING OFFICER PASSES ANY ASSESSMENT ORDER TO THE BEST OF HIS JUDGEMENT U/S 144 OF THE ACT. HENCE, IN THE ABSENCE OF RETURN OF INCOME FILED FOR THE YEAR UNDER CONSIDERATION AND ALSO IN THE ABSENCE OF ANY OTHER PROCEEDING LEADING TO PASSING OF THE ASSESSMENT ORDER , IN OUR VIEW , IT CANNOT BE SAI D THAT THE RE WA S ANY PROCEEDING CONCLUDED/COMPLETED BY THE REVENUE FOR THE YEAR UNDER CONSIDERATION . IN THE ABSENCE OF ANY PROCEEDING, THE QUESTION OF THE SAME BECOM ING CONCLUDED ALSO DOES NOT ARISE. IN THAT VIEW OF THE MATTER, THE QUESTION OF ABATEMENT OR OTHERWISE OF THE PROCEEDING RELATING TO AY 2006 - 07 ALSO DOES NOT ARISE. 1 1 . IF THE ASSESSEE S HAD FILED ANY RETURN OF INCOME UNDER REGULAR PROVISIONS OF THE ACT PRIOR TO THE DATE OF INITIATION OF SEARCH AND IF THE TIME LIMIT PRESCRIBED FOR ISSUING NOTICE U/S 143(2 ) HAD ALSO EXPIRED BY THE DATE OF INITIATION OF SEARCH, THEN ALSO IT CAN BE HELD THAT T HE ASSESSMENT HAS BECOME CONCLUD ED BY OPERATION OF LAW. IN THIS REGARD, WE MAY REFER TO THE DECISION RENDERED BY THE MUMBAI BENCH OF TRIBUNAL IN THE CASE OF ITA NO. 3266 AND 3267 / MUM/20 1 5 7 GURINDER SI NGH BAWA VS. DCIT (2014)(150 ITD 40), WHEREIN THE TRIBUNAL HAS OBSERVED THAT AFTER THE EXPIRY OF TIME LIMIT PRESCRIBED FOR ISSUING NOTICE U/S 143(2) OF THE ACT, THE ASSESSMENT CANNOT BE CONSIDERED TO BE PENDING IF NO NOTICE UNDER THAT SECTION WAS ISSUED. IN THE INSTANT CASES, THE ASSESSEES HAVE NOT FILED RETURNS OF INCOME UNDER REGULAR PROVISIONS OF THE ACT PRIOR TO THE DATE OF INITIATION OF SEARCH AND HENCE THE PROPOSITION LAID DOWN IN THE CASE OF GURINDER SINGH BAWA (SUPRA) ALSO DOES NOT APPLY TO THEM. 1 2 . THE ASSESSEE HAS PLACED STRONG RELIANCE ON THE DECISION RENDERED BY THE SPECIAL BENCH IN THE CASE OF ALL CARGO GLOBAL LOGISTICS LTD (SUPRA). THE SCOPE OF PROCEEDINGS U/S 153 A OF THE ACT HAS BEEN SUMMARISED BY THE SPECIAL BENCH OF THE TRIBUNAL IN THE C ASE OF ALL CARGO GLOBAL LOGISTICS LTD. V/S DCIT - (SUPRA) AS UNDER: 58. THUS, QUESTION NO.1 BEFORE US IS ANSWERED AS UNDER: (A) IN ASSESSMENTS THAT ARE ABATED, THE AO RETAINS THE ORIGINAL JURISDICTION AS WELL AS JURISDICTION CONFERRED ON HIM U/S 153A FOR W HICH ASSESSMENTS SHALL BE MADE FOR EACH OF THE SIX ASSESSMENT YEARS SEPARATELY; (B) IN OTHER CASES, IN ADDITION TO THE INCOME THAT HAS ALREADY BEEN ASSESSED, THE ASSESSMENT U/S 153A WILL BE MADE ON THE BASIS OF INCRIMINATING MATERIAL, WHICH IN THE CONTEXT OF RELEVANT PROVISIONS MEANS (I) BOOKS OF ACCOUNT, OTHER DOCUMENTS, FOUND IN THE COURSE OF SEARCH BUT NOT PRODUCED IN THE COURSE OF ORIGINAL ASSESSMENT, AND (II) UNDISCLOSED INCOME OR PROPERTY DISCOVERED IN THE COURSE OF SEARCH. WE HAVE ALREADY NOTICED T HAT THE ASSESSMENT OR REASSESSMENT PERTAINING TO THE YEAR UNDER CONSIDERATION WAS NOT PENDING AS ON THE DATE OF INITIATION OF SEARCH. HENCE THE ANSWER GIVEN BY THE SPECIAL BENCH IN (A) ABOVE DOES NOT APPLY TO THE ASSESSEE. S INCE THE ASSESSEES HAVE NOT FI LED ANY RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION UNDER REGULAR PROVISIONS OF THE ACT PRIOR TO THE DATE OF INITIATION OF SEARCH , ANY ITEM OF RECEIPT/INCOME DISCLOSED IN THE RETURN OF INCOME FILED IN RESPONSE TO THE ITA NO. 3266 AND 3267 / MUM/20 1 5 8 NOTICE ISSUED U/S 153A OF THE ACT CAN NOT BE CONSIDERED TO HAVE BEEN ASSESSED PRIOR TO THE DATE OF INITIATION OF SEARCH . HENCE, IN OUR VIEW, THE QUESTION OF APPLICATION OF ANSWER (B) GIVEN BY THE SPECIAL BENCH ALSO IS NOT APPLICABLE TO THE FACTS OF THE INSTANT CASES. 13. ACCORDINGLY, WE ARE OF THE VIEW THAT THE ASSESSEES COULD NOT PLACE RELIANCE ON THE DECISION RENDERED BY THE SPECIAL BENCH, REFERRED ABOVE, IN THE ABSENCE OF ANY PROCEEDING CONCLUDED PRIOR TO THE DATE OF INITIATION OF SEARCH. IN THAT CASE, IN OUR VIEW, THE ASSESSING O FFICER IS ENTITLED TO SCRUTINIZE THE RETURN OF INCOME FILED FOR THE FIRST TIME IN PURSUANCE TO THE NOTICE ISSUED U/S 153A OF THE ACT , SINCE NONE OF THE ISSUES ARISING OUT OF THAT RETURN OF INCOME CAN BE CONSIDERED TO HAVE BEEN CONCLUDED AS ON THE DATE OF I NITIATION OF SEARCH. 14. IN VIEW OF THE FOREGOING DISCUSSIONS, WE ARE UNABLE TO AGREE WITH THE CONTENTIONS OF THE ASSESSEES ON THE LEGAL ISSUE URGED BY THEM. ACCORDINGLY WE UPHOLD THE CONCLUSION REACHED BY THE LD CIT(A) THAT THE RATIO OF THE SPECI AL BENCH, REFERRED ABOVE, SHALL NOT APPLY TO THE FACTS PREVAILING IN THE INSTANT CASES. 15. ON MERITS, WE NOTICE THAT BOTH THE ASSESSEES HAVE FAILED TO FURNISH THE DETAILS RELATING TO THE GIFTS RECEIVED BY THEM. THE GIFT RECEIPTS FALL UNDER THE CATEG ORY OF CASH CREDITS FALLING WITHIN THE PURVIEW OF THE PROVISIONS OF SEC. 68 OF THE ACT. THERE SHOULD NOT BE ANY DISPUTE THAT THE INITIAL BURDEN OF PROOF IS PLACED UPON THE ASSESSEES UNDER SEC. 68 OF THE ACT TO PROVE THE NATURE AND SOURCE OF CASH CREDIT, I .E., THE ASSESSEES HAVE TO PROVE THE THREE MAIN INGREDIENTS IN RESPECT OF CASH CREDITS, VIZ., THE IDENTITY OF THE CREDITOR, THE CREDIT WORTHINESS OF THE CREDITOR AND THE GENUINENESS OF THE TRANSACTIONS. IN CASE OF GIFTS, THE ASSESSEES HAVE ALSO REQUIRED T O PROVE THE NATURE OF RECEIPTS. IN THE INSTANT CASES, BOTH THE ASSESSEES HAVE FAILED TO DISCHARGE THE INITIAL BURDEN OF PROOF PLACED UPON THEM U/S 68 OF THE ACT. HENCE, WE DO NOT FIND ANY INFIRMITY IN THE DECISION ITA NO. 3266 AND 3267 / MUM/20 1 5 9 OF LD CIT(A) IN CONFIRMING THE ASSESSMEN T OF GIFT RECEIPTS IN THE HANDS OF BOTH THE ASSESSEES. 16 . IN THE RESULT, BOTH THE APPEAL S OF THE ASSESSEE S ARE DISMISSED. PRONOUNCED ACCORDINGLY ON 21ST AUGUST 2 015. 21ST AUGUST, 2015 SD SD ( LALIT KUMA R) ( B.R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 21ST AUG , 2015 . . . ./ SRL , SR. PS / COPY O F THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - CONCERNED 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI CONCERNED 6. / GUARD FILE. / BY ORDER, TRUE COPY (ASSTT. REGISTRAR) , /ITAT, MUMBAI