The Wealth Tax Officer, Amritsar. V. Smt. Harjit Kaur, Amritsar.

WTA 1/ASR/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3255 (ITAT-AMRITSAR)
• Duration Of Justice: 3 year(s) 2 month(s) 30 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 20-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 21-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PARVEEN JAIN
• Keywords: Gift

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR BEFORE SH. A.D.JAIN, HONBLE JUDICIAL MEMBER AND SH. T.S. KAPOOR, HONBLE ACCOUNTANT MEMBER W.T.A NO. 01(ASR)/2016 ASSESSMENT YEAR: 2007-08 WEALTH TAX OFFICER, WARD 5(2), AMRITSAR. VS. SMT. HARJIT KAUR, 356-GREEN AVENUE, AMRITSAR. PAN: ATFPK2358D (APPELLANT) (RESPONDENT) APPELLANT BY: SH. TARSEM LAL (D R.) RESPONDENT BY: SH. PARVEEN JAIN (ADV.) DATE OF HEARING: 23.03. 2016 DATE OF PRONO UNCEMENT: 29.03.2016 ORDER PER T. S. KAPOOR (AM): THIS IS AN APPEAL FILED BY REVENUE AGAINST THE ORDE R OF LEARNED CWT(A), AMRITSAR DATED 28.10.2015 FOR ASST. YEAR. 2007-08. 2. THE ONLY ISSUE RAISED BY REVENUE IN THIS APPEAL IS THE ACTION OF LEARNED CWT(A), BY WHICH HE HAD DELETED AN ADDITION OF RS.26,75,000/- MADE BY WEALTH TAX OFFICER IN THE WEALTH TAX CASE O F THE ASSESSEE. 3. THE BRIEF FACTS OF THE CASE AS NOTED IN THE WEAL TH TAX ORDER ARE THAT THE CASE OF THE ASSESSEE WAS REOPENED AS THE D EPARTMENT HAD THE INFORMATION THAT ASSESSEE HAD RECEIVED CERTAIN AMOU NT AS GIFTS IN THE FORM OF CASH AND JWELLERY, THEREFORE, ASSESSEE WAS ASKED TO FILE WEALTH WTA NO.01 (ASR)/2016 ASST. YEAR: 2007-08 2 TAX RETURN AND IN RESPONSE THE ASSESSEE FILED RETUR N DECLARING NET WEALTH OF RS.26,95,000/-. THE ASSESSING OFFICER OBSERVED F ROM A COPY OF WILL DEED THAT THE ESTATE OF LATE SMT. NARINDER KAUR FRO M WHOM THE ASSESSEE HAD RECEIVED WEALTH WAS RS.54,25,000/- ONLY AND ASS ESSEE HAD CLAIMED TO HAVE RECEIVED AN AMOUNT OF RS.81 LACS AS GIFTS, THEREFORE, DIFFERENCE OF RS.26,75,000/- WAS TREATED AS EXCESS CASH AVAILABLE AS ON THE DATE MENTIONED IN THE WILL DEED AN ADDITION THEREFORE WA S MADE IN THE NET WEALTH OF ASSESSEE. 4. AGGRIEVED WITH THE ORDER THE ASSESSEE FILED APPE AL BEFORE LEARNED CWT(A) AND LEARNED CWT(A) AFTER GOING THROUGH THE C ONTENTS OF WILL DEED ARRIVED AT THE CONCLUSION THAT A SUM OF RS.24,00,00 0/- WAS GIVEN BY DONOR SMT. NARINDER KAUR ON VARIOUS DATES BEFORE T HE EXECUTION OF WILL AS ON 7.03.2007 WHEREIN THE TOTAL VALUE OF ESTATE W AS RS.54,25,000/-. THE LEARNED CWT(A) HAS FURTHER MADE A FINDING OF FA CT THAT AS PER WILL DEED THE ASSESSEE HAD RECEIVED A SUM OF RS.24,00,00 0/- BEFORE EXECUTION OF WILL ON THE FOLLOWING DATES. (I) 18.01.2007 10 LACS. (II) 29.01.2007 8 LACS. (III) 04.03.2007 6 LACS. AND THEREFORE HE DELETED THE ADDITION. 5. AGGRIEVED THE REVENUE IS IN APPEAL BEFORE US. 6. AT THE OUTSET, THE LEARNED DR RELIED UPON THE OR DER OF CWT(A) WHEREAS THE ASSESSEE RELIED UPON THE ORDER OF WTA. WTA NO.01 (ASR)/2016 ASST. YEAR: 2007-08 3 7. WE HAVE HEARD THE RIVAL PARTIES AND HAVE GONE TH ROUGH THE MATERIAL PLACED ON RECORD. WE FIND THAT LEARNED CWT (A) HAS CLEARLY RECORDED A FINDING OF FACT THAT A SUM OF RS.24,00,0 00/- ON VARIOUS DATES WAS GIVEN BY SMT. NARINNDER KAUR TO ASSESSEE AND SU CH DATES WERE BEFORE THE EXECUTION OF WILL AND THE VALUE OF ESTAT E AFTER GIVING SUCH GIFTS WAS RS.54,25,000/-. THE ASSESSING OFFICER HAS NOT I NTERPRETED THE WILL PROPERLY AND HAS HELD THAT THE VALUE OF ESTATE AS A VAILABLE WAS RS.54,25,000/- WHEREAS THE FACT REMAINS THAT RS.24, 00,000/- WAS GIVEN TO ASSESSEE ON VARIOUS DATES BEFORE THE EXECUTION O F WILL. WE HAVE ALSO GONE THROUGH THE RELEVANT CLAUSE OF THE SAID WILL W HICH IS REPRODUCED AS UNDER: AS THE VALUE OF RESIDENTIAL HOUSE GIVEN TO S. SURI NDER SINGH GREWAL IS MORE THAN ONE CRORE. I FURTHER GIVE AND BEQUEATH RS .40,00,000/- LACS TO MY DAUGHTER SMT. HARJIT KAUR IN ADDITION TO THE AMO UNTS OF RS.10,00,000/- GIVEN TO HER ON MY AMRITSAR VISIT ON 18.01.2007, RS.8,00,000/- ON 29.01.2007 AND RS.6,00,000/- ON 04 .03.2007 GIVEN AT LUDHIANA. THIS AMOUNT SHALL BE DISCHARGED BY THE S. INDERJIT SINGH GREWAL MY EXECUTOR OF THE WILL AND S. SURINDER SINGH GREWA L SHALL HAVE NO RIGHT TO CLAIM ANY SHARE FROM THIS AMOUNT AFTER MY DEMISE. FROM THE ABOVE CLAUSE, WE FIND THAT THERE IS NO INF IRMITY IN THE FINDINGS OF LEARNED CWT(A), THEREFORE, THE APPEAL FILED BY T HE REVENUE IS DISMISSED. 8. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH MARCH, 2016. SD/- SD/- (A.D. JAIN) (T. S. KAPOOR) JUDICIAL MEMBER ACCOUNTANT ME MBER DATED:29.03.2016. /PK/ PS. WTA NO.01 (ASR)/2016 ASST. YEAR: 2007-08 4 COPY OF THE ORDER FORWARDED TO: (1) THE ASSESSEE: (2) THE (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.