Shri Patel Sadhnaben Baldevbhai, Gandhinagar V. The Income tax Officer,Ward-4, Gandhinagar

ITA 429/AHD/2012

• Counselvise Citation: 42920514 RSA 2012
• Duration Of Justice: 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-05-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 16-02-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P I KUREEL
• Assessee Lawyers: G S PATEL
• Keywords: Gift
• Section: 68

Judgement Text

, , , , C, IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, C BENCH . .. . . .. . , !' !' !' !', , , , #$ #$ #$ #$ %& %& %& %& , , , , &' ( & &' ( & &' ( & &' ( & ' ' ' ' BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND TEJ RAM MEENA, ACCOUNTANT MEMBER) ITA NO. 429/AHD/2012 [ASSTT.YEAR : 2008-2009] PATEL SADHNABEN BALDEVBHAI PROP OF SANGITA AGENCY OPP: POST OFFICE, MANSA GANDHINAGAR. PAN : AFHPP 7476 H /VS. ITO, WARD-4 GANDHINAGAR. ( (( (*+ *+ *+ *+ / APPELLANT) ( (( (,-*+ ,-*+ ,-*+ ,-*+ / RESPONDENT) .% / 0 &/ ASSESSEE BY : SHRI G.S.PATEL ( / 0 &/ REVENUE BY : P.I. KUREEL, SR.DR 2 / %3'/ DATE OF HEARING : 16 TH APRIL, 2012 456 / %3'/ DATE OF PRONOUNCEMENT : 15-05-2012 &7 / O R D E R PER G.C. GUPTA, VICE-PRESIDENT: THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE COMMI SSIONER OF INCOME- TAX (APPEALS), GANDHINAGAR DATED 30-12-2011 FOR ASS ESSMENT YEAR 2008-2009. ITA NO. 429/AHD/2012 -2- 2. THE ONLY EFFECTIVE GROUND OF THE ASSESSEES APPE AL READS AS UNDER: 1. THE APPELLANT SUBMITS THAT THE LD.CIT(A) HAS ER RED IN CONFIRMING THE ADDITION OF RS.3,02,000/- MADE BY AO BEING A GIFT BY CHEQUE FROM BALDEVBHAI PATEL (HUSBAND) TO T HE APPELLANT (WIFE) BY WITHDRAWAL AT OF RS.3,02,236/- BY CHEQUE FROM M/S.SOMABHAI GOPALDAS, ON THE GROUND THAT THE AO IS JUSTIFIED IN MAKING ADDITION U/S.68 OF IT ACT ON AC COUNT OF CREDIT CLAIMED IN THE FORM OF GIFT RECEIVED BY THE APPELLANT AS UNEXPLAINED AS PER FINDING RECORDED BY THE LD.CIT(A ) ON THE LAST PAGE OF HIS ORDER. 3. THE LEARNED COUNSEL SUBMITTED THAT THE ASSESSEE WAS GIVEN A SUM OF RS.3,02,000/- FROM HER HUSBAND SHRI BALDEVBH AI PATEL AS GIFT PER CHEQUE AFTER MAKING WITHDRAWAL BY HIM FROM M/S. SOMABHAI GOPALDAS AND THE NECESSARY EVIDENCES WERE FILED BY THE ASSESSEE BEFORE THE AO. THE LEARNED DR RELIED ON THE ORDERS OF THE AO AND THE CIT(A). HE REFERRED TO RELEVANT PORTIONS OF THE AS SESSMENT ORDER AS WELL AS APPELLATE ORDER PASSED BY THE CIT(A) IN SUP PORT OF THE CASE OF THE REVENUE. HE SUBMITTED THAT THE CIT(A) HAS RECO RDED THAT THERE WAS NO OCCASION FOR MAKING THE GIFT TO THE ASSESSEE AND THE INCOME OF THE DONOR WAS ONLY RS.84,686/- WHICH WAS NOT EVEN S UFFICIENT FOR PERSONAL EXPENSES, AND THEREFORE, THE ASSESSEE HAS NOT DISCHARGED HER ONUS AS PER THE PROVISIONS OF SECTION 68 OF THE ACT . 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE AO AND THE CIT(A). WE FIND THAT THE DONOR IS STATED TO BE HUSBAND OF THE ASSESSEE, AND THEREFORE, THERE SHOUL D NOT BE ANY REQUIREMENT OF ANY OCCASION TO MAKE A GIFT BY A PER SON TO HIS WIFE. THE AMOUNT OF GIFT WAS PAID BY CHEQUE AND THE ASSES SEE HAS SUBMITTED THAT THE SAME WAS AFTER MAKING WITHDRAWAL BY HIM FR OM ITA NO. 429/AHD/2012 -3- M/S.SOMABHAI GOPALDAS. THE IDENTITY OF THE DONOR I S ESTABLISHED BEYOND DOUBT. THERE IS NO MATERIAL BROUGHT ON RECO RD TO DOUBT THE GENUINENESS OF THE TRANSACTION OF THE GIFT. MERELY BECAUSE AFTER MAKING OF GIFT, THE ASSESSEE HAS LEFT WITH BALANCE OF RS.419/- IN HIS BANK ACCOUNT, IS NO GROUND TO CONCLUDE THAT THE GIF T WAS NOT GENUINE. THE REASONING OF THE REVENUE AUTHORITIES THAT THE G IFT SHOULD NOT BE A ONE-WAY PROCESS THAT ONLY DONOR HAS GIVEN GIFT TO T HE DONEE AND AT NO TIME THE DONEE HAS GIFTED TO THE FAMILY MEMBERS OF THE DONOR. THIS REASONING OF THE REVENUE AUTHORITIES IS NOT SUSTAIN ABLE, PARTICULARLY IN THE CASE OF GIFT MADE BY HUSBAND TO HIS WIFE. IN T HE FACTS OF THE CASE, WE ARE OF THE VIEW THAT THE IDENTITY OF THE DONOR A ND THE GENUINENESS OF THE TRANSACTION OF THE GIFT IS PROVED IN THIS CA SE, AND NO CASE FOR MAKING ADDITION OF THE AMOUNT OF GIFT OF THE ASSESS EE COULD BE MADE OUT BY THE DEPARTMENT AND THE ADDITION MADE IS ACCO RDINGLY DELETED AND THE GROUND OF THE APPEAL OF THE ASSESSEE IS ALL OWED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( %& %& %& %& / TEJ RAM MEENA) &' ( &' ( &' ( &' ( /ACCOUNTANT MEMBER ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD