The Income-tax Oficer, Amritsar. V. Sh. Suman Bakshi, Amritsar.

ITA 438/ASR/2012

• Counselvise Citation: 43820914 RSA 2012
• Duration Of Justice: 1 year(s) 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 24-03-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 29-11-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMRIK CHAND
• Assessee Lawyers: PADAM BAHL
• Keywords: Unexplained cash credit; Gift; Income from undisclosed sources; Onus to prove
• Section: 143(3); 68; 6

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P. JAIN, ACCOUNTANT MEMBER I.T.A. NO. 438 (ASR)/2012 ASSESSMENT YEAR: 2009-10 PAN: AECPB6175K INCOME TAX OFFICER, VS. SH. SUMANT BAKSHI, WARD-4(4), AMRITSAR GANDA SINGH WALA KOTHI, MAJITHA ROAD, AMRITSAR (APPELLANT) (RESPONDENT) APPELLANT BY: SH. AMRIK CHAND, DR RESPONDENT BY: SH. PADAM BAHL, CA DATE OF HEARING: 24.03.2014 DATE OF PRONOUNCEMENT: 27.03.2014 ORDER PER BENCH 1) THE REVENUE HAS FILED THE PRESENT APPEAL AGAINST THE IMPUGNED ORDER DATED 10.09.2011 PASSED BY LEARNED CIT(A), AM RITSAR, FOR THE ASSESSMENT YEAR 2009-10 ON THE FOLLOWING GROUNDS: I. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE, LEARNED COMMISSIONER OF INCOME-TAX (APPEALS), AMRITSAR WAS JUSTIFIED IN ALLOWING THE ADDITION MADE BY THE A.O. AMOUNTING T O RS. 31,87,128/- AS TREATED AS INCOME OF THE ASSESSEE FR OM UNDISCLOSED SOURCES BY VIRTUE OF PROVISIONS OF SECTION 68 OF TH E I.T. ACT, 1961. II. WHETHER ON THE FACTS AND CIRCUMSTANCE OF THE CASE L EARNED COMMISSIONER OF INCOME-TAX (APPEALS), AMRITSAR WAS JUSTIFIED IN LAW IN ALLOWING THE ADDITION MADE BY THE A.O. U/S 6 8 (COMPRISING OF TWO FOREIGN GIFTS FIRST AMOUNTING TO RS. 702782/ - FROM SH. 2 I.T.A. NO. 438 (ASR)/2012 ASSESSMENT YEAR: 2009-10 SHIVALIK BAKSHI AND SECOND GIFT OF RS. 433170/- FRO M MS. ANJU SACHDEVA) AS INCOME OF THE ASSESSEE, AS THE ASSESSE E HAS NOT PROVED THE GENUINENESS OF GIFTS DURING THE COURSE O F ASSESSMENT. III. THE APPELLANT CRAVES LEAVE TO AMEND OR ADD ANY OR M ORE GROUNDS OF APPEAL. 2) THE ASSESSING OFFICER COMPLETED THE ASSESSMENT ON THE ISSUE IN DISPUTE UNDER SECTION 143(3) OF THE INCOME-TAX ACT, 1961 (IN SHORT THE ACT) ON 20.12.2011 BY GIVING HIS FINDINGS IN PARAG RAPH NOS. 7 TO 12, PAGE NOS. 5 & 6, WHICH ARE REPRODUCED AS UNDER: 07. THE COPY OF BANK STATEMENT OF BANK ACCOUNT C. NO. 00003452 1423 WITH BANK OF AMERICA OF SHRI SHIVALIK BAKSHI, SON OF THE ASSESSEE, FORM WHERE THE ALLEGED GIFTS OF USD 9000/- AND USD 5000/- WERE WIRED TO THE ASSESSEE ON 13.11.2008 AND ON 25.02.2009 RES PECTIVELY SHOWS THAT THE IDENTICAL AMOUNTS OF USD 9000 AND USD 5000 WERE DEPOSITED IN THIS BANK ACCOUNT ON 05.11.2008 AND 25.02.2009. THE PERU SAL OF BANK ACCOUNT OF SHIVALIK BAKSHI WITH BANK OF AMERICA FOR THE PERIOD 23.10.2008 TO 13.11.2008 SHOWS THAT THERE ARE ONLY TWO CREDIT ENTRIES. FIRST CREDIT ENTRY OF DT. 31.10.2008 AMOUNTING TO U SD 4798.15 BEARS THE DESCRIPTION THAT THIS DEPOSIT IS FROM BIOSCALE INC . SECOND ENTRY REGARDING DEPOSIT OF USD 9000 ON 5.11.2008 BEARS THE DESCRIPT ION AS DEPOSIT THROUGH ATM MACHINE. SIMILARLY THE STATEMENT FOR TH E PERIOD 17.02.2009 TO 6.03.2009 SHOWS THAT THERE WERE ALSO TWO DEPOSIT ENTRIES. FIRST ENTRY IS ON 25.02.2009 AMOUNTING TO USD 5000 WHICH HAS BEEN DEPOSITED THROUGH ATM MACHINE AND SECOND DEPOSIT ENTRY IS OF 27.02.2009 FOR USD 4850.48 REPRESENTING DEPOSITS BY BIOSCALE INC. THIS CLEARLY SHOWS THAT SHRI SHIVALIK BAKSHI IS GETTING SALARY REGULAR LY FROM BIOSCALE INC. AND DEPOSITS ENTRIES OF HER THAN SALARY ARE THROUGH ATM MACHINES FOR WHICH THERE IS NO SOURCE OF INCOME FOR SHIVALIK BAK SHI. THIS PROVES THAT THIS IS CLEARLY AN ARRANGED GIFTS. THEREFORE, THERE IS NO GENUINENESS OF THE ALLEGED GIFTS MADE BY SHRI SHIVALIK BAKSHI. IN FACT THIS IS ASSESSEES OWN MONEY RECEIVED UNDER THE GARB OF GIFT FROM SHRI SHI VALIK BAKSHI. THIS IS UNEXPLAINED DEPOSIT IN HIS SAVING BANK ACCOUNT NO. 526-1-009194-4 WITH STANDARD CHARTERED BANK, NEW DELHI. 3 I.T.A. NO. 438 (ASR)/2012 ASSESSMENT YEAR: 2009-10 08. IN THE CASE OF SHRI ANJU SACHDEVA WHO HAS ALLE GEDLY GIFTED USD 9000, ASSESSEE HAS FAILED TO FILE THE COMPLETE BANK STATEMENT FROM WHERE THE FUNDS WERE WIRED. THEREFORE, THE GENUINEN ESS OF ALLEGED GIFT MADE TO THE ASSESSEE IS NOT PROVED AND THIS IS ALSO ASSESSEES OWN MONEY RECEIVED UNDER THE GARB OF GIFT FROM SHRI ANJU SACH DEVA AND IS UN- EXPLAINED CREDIT IN HIS SAVING BANK ACCOUNT NO. 526 -1-009194-4 WITH STANDARD CHARTERED BANK, NEW DELHI. 09. IN THE CASE OF SHRI MANINDER S. GURAM WHO IS S TATED TO HAVE LOANED RS. USD 39945/- ON 05.03.2009 (IN FACT IT IS 3.03.2009) FROM HIS BANK ACCOUNT NO. 011124593, WITH WOODFOREST NATIONA L BANK HAS DEPOSIT OF USD 38360/- ON 2.03.2009. THE ASSESSEE H AS PROVIDED A COPY OF BANK ACCOUNT FOR THE PERIOD 3.03.2009 TO 30.03.2 009. THE PERUSAL OF THIS ACCOUNT SHOWS THAT CREDIT ENTRIES REPRESENT TH E VERSION PAYROLL WHICH MEANS PAY OF THE ASSESSEE IS BEING CREDITED I N THIS ACCOUNT. THERE IS ONLY ONE CREDIT ENTRY OF USD 38360 DATED 02.03.2 009, HAVING DESCRIPTION DEPOSIT. THIS ALSO SHOWS THAT THIS D EPOSIT DO NOT REPRESENT THE PAY OF SHRI MANINDER S. GURAM. THEREFORE, IT IS CLEARLY ESTABLISHED THAT THIS WAS AN ARRANGED LOAN IN LIEU OF ASSESSEE S OWN FUNDS. IN THIS CASE ALSO THE GENUINENESS OF THE ALLEGED LOAN IS NOT SAT ISFACTORILY PROVED AND THE SAME IS ALSO ASSESSEES OWN MONEY RECEIVED UND ER THE GARB OF LOAN FROM HIS BROTHER S. MANINDER S. GURAM. THUS, THE SA ME IS UNEXPLAINED DEPOSIT IN HIS SAVING BANK ACCOUNT NO. 526-1-00-919 4-4 WITH STANDARD CHARTERED BANK, NEW DELHI, BANK ACCOUNT OF THE ASSE SSEE. 10. THUS, THE EXPLANATION OFFERED BY THE ASSESSEE IS NOT SATISFACTORY AND, HENCE, IS REJECTED AS THERE WAS A DIRECT LINK BETWEEN THE DEPOSITS MADE BY THE DONORS AND WITHDRAWALS MADE THEREAFTER IN FAVOUR OF THE ASSESSEE. SIMILARLY THERE WAS A DIRECT LINK BETWEEN THE AMOUNTS DEPOSITED AND ADVANCE MADE AS LOAN TO THE ASSESSEE. THEREFORE , DEPOSITS OF RS. 450090 ON 21.11.2008, RS. 433170/- ON 01.01.2009, RS. 205175/- ON 05.03.2009 AND RS. 252692/-, TOTALING TO RS. 318712 8/- ARE TREATED AS INCOME OF THE ASSESSEE FROM UNDISCLOSED SOURCES BY VIRTUE OF PROVISIONS OF SECTION 68 OF THE I.T. ACT, 1961, OF THE PREVIOU S YEAR ENDING 31.03.2009 RELEVANT FOR THE ASSESSMENT YEAR UNDER CONSIDERATION. 11. IN THE CASE OF JAMNA PRASAD KANHAILAL VS. CIT 130 ITR 244, THEIR LORDSHIPS OF THE SUPREME COURT HAS HELD THAT THE A.O. WAS JUSTIFIED IN TREATING THE CASE CREDITS APPEARING IN THE BOOKS OF ACCOUNT OF THE 4 I.T.A. NO. 438 (ASR)/2012 ASSESSMENT YEAR: 2009-10 ASSESSEE AS ASSESSEES INCOME FROM UNDISCLOSED SOUR CES SINCE THE ASSESSEE FAILED TO DISCHARGE THE BURDEN OF PROOF P LACED UPON IT U/S 68 OF THE INCOME-TAX ACT, 1961. 12. THEREFORE, KEEPING IN VIEW THE ABOVE FACTS OF THE CASE, THE UNEXPLAINED CREDITS OF RS. 31,87,128/-(RS. 11,35,95 2/- AS ALLEGED GIFTS AND RS. 20,51,175/- AS ALLEGED LOAN ARE TREATED AS ASSESSEES INCOME FROM UNDISCLOSED SOURCES U/S 68 OF THE I.T. ACT, 1961 AN D ADDED TO THE TOTAL INCOME OF THE ASSESSEE. 3) AGGRIEVED WITH THE ASSESSMENT ORDER DATED 20.12.2 011, THE ASSESSEE FILED AN APPEAL BEFORE LEARNED FIRST APPEL LATE AUTHORITY, WHO VIDE IMPUGNED ORDER DATED 10.09.2011, DELETED THE ADDITI ON IN DISPUTE BY GIVING HIS FINDINGS IN PARA NO. 7, PAGE NOS. 9 TO 1 1, WHICH ARE REPRODUCED AS UNDER: 7. I HAVE CAREFULLY CONSIDERED THE APPELLANTS W RITTEN SUBMISSIONS AND VARIOUS DOCUMENTARY EVIDENCES FURNI SHED IN SUPPORT THEREOF, COUNTER COMMENTS ON THE A.O.S REMAND REPO RT, A.O.S FINDINGS RECORDED IN HIS ASSESSMENT ORDER AS WELL AS PRESENT A.O.S REMAND REPORT. WHEREAS BY RAISING MAIN TWO GROUNDS OF APPEAL NO. 1 & 2 AND TWO SUB- GROUNDS OF APPEAL NO. 2(A) & 2(B), VIRTUALLY, THE O NLY POINT ON ANVIL RAISED THROUGH ALL THESE GROUNDS AS TO WHETHER THE A.O. IS JUSTIFIED IN MAKING ADDITION U/S 68 AMOUNTING TO RS. 31,87,128/- REPRESENTING FOREIGN GIFTS/LOANS/REMITTANCES FROM HIS NEAR RELAT IVES ENROOTED THROUGH BANKING CHANNELS. THE ONLY ISSUE INVOLVED ABOUT THE ADDITION U/S 68 OF RS. 31,87,128/- [COMPRISING OF TWO FOREIGN GIFTS, F IRST AMOUNTING TO RS. 702782/- FROM REAL SON, MR. SHIVALIK BAKSHI, R/O CA MBRIDGE AND SECOND GIFT OF RS. 4,33,170 FROM REAL SISTER, MS. ANJU SAC HDEVA, R/O V IENNA AND THIRD LOAN ADVANCE BY A CLOSE FRIEND, MR. MANINDER S. GURAM, R/O THE WOODLANDS AMOUNTING TO RS. 20,51,176] IS ADJUDICATE D UPON AS UNDER: CR. ENTRIES FOUND CREDITED IN APPELLANTS SB A/C NO . 357010300000408 WITH AXIS BANK LTD., NEW DELHI AND SB A/C NO. 526-0 1-009194-4 WITH STANDARD CHARTERED BANK, NEW DELHI . 5 I.T.A. NO. 438 (ASR)/2012 ASSESSMENT YEAR: 2009-10 (I) 21.11.2008 RS. 4,50,000 [$9000]+9.3.09=RS. 2,52 ,692/-[$5000] FROM SON. MR. SHIVALIK BAKSHI, R/O CAMBRIDGE [USA] IN THIS CONNECTION, IT IS THE A.O.S CASE THAT BOTH THE ABOVE FOREIGN TRANSMISSIONS REPRESENTS THE DEPOSITS THROU GH ATM AND NOT REGULAR SALARY EARNINGS OF THE DONOR, THE GENUINENE SS OF THE SAME BEING UNEXPLAINED, THE SAME IS LIABLE TO BE ADDED BACK U/ S 68 AS APPELLANTS OWN DISCLOSED INCOME FROM UNEXPLAINED SOURCES. ON T HE OTHER, IT HAS ALL ALONG BEEN THE APPELLANTS STAND THAT THE ABOVE GIF TS HAVE BEEN ACCOUNTED FOR BY BANKING CHANNELS AND IN SUPPORT THEREOF, THE LEARNED A/R HAS FURNISHED TWO CONFIRMATIONS DT. 15.09.2011 FROM HIS SON, SH. SHIVALIK BAKSHI R/O 700 HURON AVE APT 12L, CAMBRIDGE MA 0213 8-4548 USA, TESTIMONIZING THAT THE SAME REPRESENTS HIS PAST OWN PAST SAVINGS AND MADE VIDE RECOGNIZED BANK TRANSFERS FROM HIS BANK A CCOUNT C.NO. 00003452 1423 WITH BANK OF AMERICA, P.O. BOX 25118 TAMPA HAVING ANNUAL INCOME $ 1,10, 000/- BEARING PHOTOCOPY OF TH E DONORS FOREIGN DRIVING LICENSE ALONG WITH COPY OF HIS BANK STATEME NTS. FROM THESE FACTS AND EVIDENCE AND MATERIAL ALREADY AVAILABLE ON RECO RD, IT CAN BE SAFELY INFERRED THAT THE APPELLANT HAS BEEN ABLE TO PROVE, NOT ONLY GENUINENESS OF THE TRANSACTION, BUT ALSO IDENTITY, CAPACITY AND CR EDITWORTHINESS OF THE FOREIGN GIFT, DULY AND CATEGORICALLY CONFIRMED BY T HE DONOR HIMSELF. THUS ALL THE THREE BASIC INGREDIENTS LAID DOWN U/S 68 ST AND FULFILLED IN THIS REGARD AND I AM OF THE CONSIDERED OPINION THAT THERE ARISE S NO QUESTION OF MAKING ANY ADDITION U/S 68 OF THE I.T. ACT, 1961 IN THE ABSENCE OF ANY CONTRARY AND ADVERSE HAVING BEEN BRO UGHT ON RECORD BY THE A.O. EXCEPT SWAYED BY CONJECTURES AND SURMIS ES. (II) 1.1.2009 RS. 4,33,170 [$9000 FROM S. ANJU SACH DEVA (REAL SISTER), R/O- 430 GLYNDON ST. NE, VIENNA VA 22080-3540, USA BEARING HER DRIVING LICENCE THEREON. IN THIS REGARD, LEARNED A.O. HAS ADDED BACK THIS AM OUNT U/S 68 AS APPELLANTS OWN UNDISCLOSED INCOME TREATING IT A S ARRANGED GIFT IN THE ABSENCE OF HAVING FURNISHED DONORS FOREIGN ACCOUNT BANK STATEMENT FOR VERIFICATION. HOWEVER, IN SUPPORT OF THIS, THE LEAR NED A.R. HAS FURNISHED IRREVOCABLE GIFT/CONFIRMATION DT. 11.11.2011 FROM T HE DONOR CONFIRMING THEREIN THAT THE SAID GIFT HAS BEEN MADE BY HER TO HIS BROTHER (THE APPELLANT) OUT OF NATURAL LOVE AND AFFECTION BY WAY OF BANK TRANSFER FROM HER CR. UNION MEMBERSHIP NO. 226010 WITH WASHINGTON DC BANK OUT OF 6 I.T.A. NO. 438 (ASR)/2012 ASSESSMENT YEAR: 2009-10 HER OWN PAST SAVINGS ENJOYING ANNUAL INCOME OF $ 1, 06,393 P.A. ALONG WITH SUMMARY OF HER ACCOUNT IN R/O HER MEMBERSHIP N O. F.202-683-2380 CONCERNING SAVINGS, EDUCATION, RETIREMENT, A/C CHEC KING, MONEY MANAGEMENT, LOAN, CREDIT DIVIDEND ETC. IT IS ALLEGE DLY PLEADED BY THE LEARNED A.R. THAT THE LEARNED A.O. HAS OVERLOOKED T HE DONORS BANK ACCOUNT WITH CREDIT UNION WASHINGTON DC BANK FROM WHERE THE AMOUNT WAS TRANSMITTED AND THUS REBUTTED THAT IT IS NOT CORRECT ON THE PART OF THE A.O. THAT NO BANK ACCOUNT WAS SUBMITTED BEFO RE HIM. IN THE LIGHT OF RELEVANT CONFIRMATION OF THE DONOR HIGHLIGHTING ER ANNUAL INCOME, WITH COMPLETE RESIDENTIAL ADDRESS, IDENTIFICATION LIKE D RIVING LICENCE AND COPY OF THE BANK STATEMENT, I AM INCLINE TO AGREE WITH T HE LEARNED A/R THAT THE APPELLANT HAS NOT ONLY ESTABLISHED GENUINENESS OF T HIS FOREIGN REMITTANCE ENTERED INTO THROUGH BANKING CHANNELS, REPRESENTING BANK TRANSFER, BUT ALSO DISCHARGED HIS ONUS IN PROVING IDENTITY, CAPAC ITY AND CREDITWORTHINESS OF THE DONOR AS LAID DOWN UNDER SE CTION 68 OF THE I.T. ACT, 1961. ON THE OTHER HAND, THE LEARNED A.O. HAS FAILED TO BRING ON RECORD ANY ADVERSE AND CONTRARY MATERIAL ON RECORD TO DISPROVE THE APPELLANTS VERSION. THUS, VIEWING THE MATTER FROM ALL ANGLES, I AM OF THE CONSIDERED OPINION THAT THE A.O. IS NOT JUSTIFI ED IN MAKING ADDITION U/S 68 BY TREATING THIS PART AS APPELLANT S OWN UNDISCLOSED INCOME FROM UNEXPLAINED SOURCES AND ACCORDINGLY IN THE INTEREST OF JUSTICE, THE SAME IS HEREBY DELETED. (III) REGARDING LOAN ADVANCED AMOUNTING TO RS. 20,5 1,176 DT.5.3.09 (IN FACT 3.3.09) [$39945] BY CLOSE FRIEND MR. MANINDER S. GIURAM, M.D., 51N. LONGSPUR DR. , THE WOODLANDS, TX 77380 OUT OF WITHDRAWAL FROM HIS BANK ACCOUNT NO. 0111240693 WITH WOOD FOREST NA TIONAL BANK ADDED BACK U/S 68 REPRESENTING ARRANGED LOAN BUT A PPELLANTS OWN MONEY RECEIVED UNDER THE GARB OF FOREIGN GIFT FOUND DEPOSITING IN APPELLANTS BANK ACCOUNT NO. 526-1-000104-4 WITH ST ANDARD CHARTERED BANK, NEW DELHI. IN THIS RESPECT, THE LEARNED A.R. FOR THE APPELLANT HAS THE LENDER, MR. MANINDER S. GURAN, R/O- THE WOODLANDS CERTIFICATE DT. 19.09.2011 WHEREIN IT HAS BEEN CLEARLY CONFIRMED THAT HE HAS A DVANCE THE ABOVE LOAN OF $29,945/- ON 5.3.2009 TO THE APPELLANT WIRING/TR ANSFERRING THE SAME FROM HIS BANK IN USA (SUPRA). IN ADDITION TO IT, TH E LEARNED COUNSEL HAS FURNISHED PHOTOCOPY OF THE LENDERS BANK ACCOUNT ST ATEMENT HIGHLIGHTING THE WIRED TRANSFER DEBIT OF $40000 ON 3.3.09 FROM H IS BANK ACCOUNT NO. 7 I.T.A. NO. 438 (ASR)/2012 ASSESSMENT YEAR: 2009-10 00003200130980 WITH WOODFOREST NATIONAL BANK (FDIC) , THE WOODLANDS AS WELL AS A COPY OF THE WIRE TRANSFER R EQUEST. IN THE LIGHT OF UNEQUIVOCAL DIRECT, POSITIVE AND RELEVANT DOCUMENTA RY EVIDENCE, I AM INCLINED TO AGREE WITH THE LEARNED A.R. FOR THE APP ELLANT THAT IN THIS CASE ALSO WHEN ALL THE BASIC INGREDIENTS LIKE IDENTITY, CAPACITY, CREDITWORTHINESS AND GENUINENESS OF THE TRANSACTION HAVE BEEN ESTABLISHED, THERE ARISES NO OCCASION TO DRAW ANY A DVERSE INFERENCE AND MAKE ALLEGED ADDITION U/S 68 BY TREATING THE ABOVE LOAN AS APPELLANTS OWN UNDISCLOSED INCOME FROM UNDISCLOSED SOURCES, ES PECIALLY IN THE ABSENCE OF ANY ADVERSE AND CONTRARY MATERIAL HAVING BEEN BROUGHT ON RECORD BY THE A.O. BUT TO BE SWAYED BY CONJECTURES, SURMISES AND GUESS WORK. UNDER THE FACTS AND CIRCUMSTANCES DISCUSSED (SUPRA) , I AM OF THE CONSIDERED OPINION THAT THE A.O. IS NOT JUSTIFI ED TO MADE ADDITION U/S 68 ON THIS ACCOUNT TOO. TO CONCLUDE, THE ENTIRE ADDITION U/S 68 AMOUNTIN G TO RS. 31,87,128/- (COMPRISING RS. 7,02,782/- + 4,33,170/- + RS. 20,51,176/-) MADE BY THE A.O. IS HEREBY DELETED IN TOTO. THUS, T HE APPELLANT SUCCEEDED IN ALL HIS GROUNDS OF APPEAL. 4) AGGRIEVED WITH THE IMPUGNED ORDER DATED 10.09.20 11 PASSED BY LEARNED CIT(A), AMRITSAR, THE REVENUE FILED THE PRE SENT APPEAL. 5) WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ELEVANT RECORDS AVAILABLE WITH US, ESPECIALLY THE WRITTEN SUBMISSIO N FILED BY LEARNED DR AS WELL AS THE PAPER BOOK FILED BY LEARNED COUNSEL FOR THE ASSESSEE, CONTAINING PAGES FROM 1 TO 26, IN WHICH HE HAS ATTA CHED CERTIFICATE OF GIFT ISSUED BY SMT. ANJU SACHDEVA ASSESSEES SISTER DATE D 11.11.2011 FOR GIFT OF 9000 US DOLLARS TO HER BROTHER; COPY OF DRIVERS LICENSE & CONFIRMATION OF GIFT DATED 20.09.2011 BY SMT. ANJU SACHDEVA; COPY OF 8 I.T.A. NO. 438 (ASR)/2012 ASSESSMENT YEAR: 2009-10 BANK ACCOUNT OF SMT. ANJU SACHDEVA FOR THE PERIOD 0 1.12.2008 TO 31.12.2008 INDICATING WIRE TRANSFER OF 9000 DOLLARS ON 17.12.2008 TO ASSESSEE; CERTIFICATE OF GIFT ISSUED BY SHIVALIK BA KSHI, ASSESSEES SON ON 28.11.2011 FOR 9000 DOLLARS & 5000 DOLLARS THROUGH BANK WERE TRANSFERS; CERTIFICATE DATED 15.09.2011 ISSUED BY S HIVALIK BAKSHI ASSESSEES SON ALONGWITH HIS DRIVING LICENSE; COPY OF BANK STATEMENT OF SHIVALIK BAKSHI FOR THE PERIOD 21.10.2008 TO 14.11. 2008; LOAN DOCUMENT FOR LOAN OF 39,945 DOLLARS TAKEN BY THE ASSESSEE FR OM MANINDER S. GURAM ASSESSEES FRIEND; CERTIFICATE ISSUED BY SH. MANINDER S. GURAM DATED 19.11.2011 CERTIFYING LOAN OF 39,945 DOLLARS TO ASSESSEE; COPY OF DRIVING LICENSE OF MANINDER S. GURAM; AND COPY OF B ANK STATEMENT OF MANINDER S. GURAM & NISHA GURAM FOR THE PERIOD 27.0 4.2009 TO 27.05.2009 SHOWING WIFE TRANSFER OF 40,000(39,945). DOLLARS TO ASSESSEE & COPY OF WIRE REQUEST; WRITTEN SUBMISSIONS BEFORE WORTHY CIT(A) DATED 17.05.2012 IN APPEAL PROCEEDINGS; WRITTEN SUB MISSIONS BEFORE INCOME TAX OFFICER, WARD 4(4), AMRITSAR DATED 25.11 .2011; AND WRITTEN SUBMISSION BEFORE INCOME TAX OFFICER, WARD 4(4), AM RITSAR DATED 12.12.2011. 6) WE ARE OF THE VIEW THAT THE LEARNED FIRST APPELL ANT AUTHORITY HAS RIGHTLY APPRECIATED THE CONFIRMATION LETTER FILED B Y ANJU SACHDEVA, THE 9 I.T.A. NO. 438 (ASR)/2012 ASSESSMENT YEAR: 2009-10 ASSESSEES SISTER, WHO HAD MADE A GIFT OF 9000 US D OLLAR, DATED 17 TH DECEMBER, 2008 TO THE ASSESSEE SUMANT BAKSHI. THIS GIFT HAS BEEN TRANSFERRED FROM THE ACCOUNT OF ANJU SACHDEVA FROM HER CREDIT UNION MEMBERSHIP NO. 226010 AND ANJU SACHDEVA HAS CERTIFI ED THAT THESE FUNDS WERE ELECTRONICALLY WIRED TO INDIA THROUGH HE R BANK ACCOUNT IN WASHINGTON DC. THE ASSESSEE HAS ALSO FILED SUMMARY OF ACCOUNTS RELATING TO MONEY TRANSFER IN DISPUTE. SIMILARLY, S H. SHIVALIK BAKSHI, SON OF THE ASSESSEE SH. SUMANT BAKSHI, HAS ALSO FILED H IS CONFIRMATION DATED 28.11.2011 ALONG WITH HIS BANK ACCOUNT SUMMARY AND OTHER RELEVANT DOCUMENTARY EVIDENCE THAT HE HAS TRANSFERRED 9000 U S DOLLAR AND 5000 US DOLLAR TO HIS FATHER SUMANT BAKSHI. SH. MANINDE R S. GURAM, HAS ALSO FILED HIS CONFIRMATION DATED 19 TH SEPTEMBER, 2011 CONFIRMING THAT HE HAD GIVE LOAN TO THE ASSESSEE AND FINALLY HE RECEIVED T HE LOAN AMOUNT BACK FROM THE ASSESSEE ON 12.02.2013. THE ASSESSEE HAS A LSO FILED THE SAID DOCUMENTARY EVIDENCES BEFORE THE ASSESSING OFFICER, LEARNED FIRST APPELLATE AUTHORITY AND ALSO BEFORE US. 7) WE HAVE THOROUGHLY EXAMINED ALL THE DOCUMENTARY EVIDENCES FILED BY THE ASSESSEE, AS DISCUSSED ABOVE, AND WE A RE OF THE CONSIDERED VIEW THAT THE LEARNED FIRST APPELLATE AUTHORITY HAS RIGHTLY DELETED THE ADDITION IN DISPUTE ON THE BASIS OF DOCUMENTARY EVI DENCES. THEREFORE, 10 I.T.A. NO. 438 (ASR)/2012 ASSESSMENT YEAR: 2009-10 THERE IS NO QUESTION OF MAKING THE ADDITION IN DISP UTE IN THE ABSENCE OF ANY ADVERSE MATERIAL ON RECORD. ACCORDINGLY, WE DIS MISS THE APPEAL FILED BY THE REVENUE AND UPHOLD THE IMPUGNED ORDER DATED 10.09.2011 PASSED BY LEARNED CIT(A), AMRITSAR. 8) IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH MARCH, 2014 SD/./- SD/./- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 27 TH MARCH, 2014 /RK/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE: SH. SUMANT BAKSHI, GANDA SINGH WALA KOTHI, MAJITHA ROAD, AMRITSAR. 2. ITO, WARD-4(4), AMRITSAR 3. THE CIT(A), 4. THE CIT, 5. THE SR DR, I.T.A.T., TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.