Satbir Singh, Haryana V. ITO, Haryana

ITA 768/DEL/2013

• Counselvise Citation: 76820114 RSA 2013
• Duration Of Justice: 1 year(s) 11 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 07-01-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 06-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SATPAL SINGH SENIOR
• Assessee Lawyers: RAVINDER SINGH
• Keywords: Gift

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH G : NEW DELHI) BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND SHRI B.C. MEENA, ACCOUNTANT MEMBER ITA NO.768/DEL./2013 (ASSESSMENT YEAR : 2009-10) SHRI SATBIR SINGH, VS. ITO, WARD 1, 1632, HOUSING BOARD COLONY, SONEPAT (HARYANA). SECTOR 15, SONEPAT (HARYANA) (PAN : APTPS5385J) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI RAVINDER SINGH, ADVOCATE REVENUE BY : SHRI SATPAL SINGH, SENIOR DR O R D E R PER B.C. MEENA, ACCOUNTANT MEMBER : THIS APPEAL FILED BY THE ASSESSEE EMANATES FROM TH E ORDER OF THE CIT (APPEALS), ROHTAK DATED 05.12.2012. 2. THE ONLY ISSUE INVOLVED IN THIS APPEAL IS SUSTAI NING THE ADDITION OF RS.3,37,100/- RECEIVED AS GIFT. 3. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE WA S DERIVING INCOME FROM RUNNING OF A CANTEEN IN CIVIL COURT, SONEPAT, FILED RETURN OF INCOME DECLARING INCOME OF RS.1,52,300/- UNDER THE HEAD 'P ROFITS & GAINS OF BUSINESS' AND AGRICULTURE INCOME OF RS.1.50 LACS. T HE ASSESSING OFFICER NOTED CASH DEPOSITS TOTALLING RS.3,37,100/- ON VARI OUS DATES IN THE ACCOUNT ITA NO.768/DEL./2013 2 WITH STATE BANK OF PATIALA (SBOP), SONEPAT. WHEN AS KED TO EXPLAIN THE SOURCES OF THESE DEPOSITS, AN AFFIDAVIT OF HIS SON SHRI MANJEET SINGH WAS FILED STATING THAT HE IS WORKING IN THE SUPPLY OF R O WATER FROM 2007 AND HIS INCOME WAS RS.1.45 LACS FOR THE AY 2009-10; THE CASH DEPOSITS MADE BY THE ASSESSEE WERE FROM THE AMOUNTS GIVEN BY HIM AS GIFTS AND HE ALSO RECEIVED GIFTS ON VARIOUS DATES. THE ASSESSING OFFI CER NOTED THAT NO EVIDENCE OF BUSINESS OF SH. MANJEET SINGH WAS FILED AND FURTHER HE IS NOT IT ASSESSEE. THE CAPACITY OF SH. MANJEET SINGH, SON TO GIVE THE GIFTS OF RS 3,37,100/ - WAS NOT ESTABLISHED AND FURTHER THE ASS ESSEE ALSO HAS GIVEN GIFTS TO HIS SON BY CHEQUES OF RS 3,75,000/-, WHICH IS UN BELIEVABLE AS ON ONE HAND HE HAS TAKEN GIFTS FROM HIS SON AND ON THE OTH ER HAND HE HAS GIVEN GIFTS TO HIS SON. THE OCCASION FOR THE SO CALLED GI FTS BY BOTH OF THEM HAS NOT BEEN GIVEN. THE AO THEREFORE HELD THAT THIS IS A CO OKED UP STORY PUT BY THE ASSESSEE AND THEREFORE BROUGHT THE ENTIRE AMOUNT TO TAX. LD. CIT (A) CONFIRMED THE ADDITION. 4. LD. AR SUBMITTED THAT THE ASSESSEE HAS RECEIVED CASH GIFTS OF RS.3,37,100/- FROM HIS SON DURING THE YEAR. THE ID ENTITY OF THE DONOR WAS ESTABLISHED AND HE ALSO SUBMITTED AFFIDAVIT CONFIRM ING THE GIFTS, THEREFORE, THE AUTHORITIES BELOW WERE NOT JUSTIFIED IN CONFIRM ING THE GIFTS. 5. LD. DR RELIED ON THE ORDERS OF THE AUTHORITIES B ELOW. 6. WE HAVE HEARD BOTH THE SIDES ON THE ISSUE. THE ASSESSEE HAS SHOWN GIFTS FROM THE SON WHO IS ALSO EARNING FROM INDEPEN DENT SOURCES AND THE ITA NO.768/DEL./2013 3 IDENTITY OF THE DONOR WAS NOT IN DOUBT. THE DONOR HAS ALSO SUBMITTED AN AFFIDAVIT CONFIRMING THE GIFTS GIVEN TO THE ASSESSE E. IN SUCH CIRCUMSTANCES, WE FIND NO MERITS IN SUSTAINING THIS AMOUNT IN THE HANDS OF THE ASSESSEE AND WE DELETE THE SAME. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON THIS 7 TH DAY OF JANUARY, 2015. SD/- SD/- (DIVA SINGH) (B.C. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED THE 7 TH DAY OF JANUARY, 2014 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A), ROHTAK. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.