Case Law Details
RELEVANT PARAGRAPH
22. Applying the ratio of the judgment of Hon’ble Supreme Court and jurisdictional Delhi High Court and judgment of High Court of Punjab & Haryana in above referred cases to the present case before us, the position of law applicable to the present case, in our opinion, would be as under:-
(i) Mere identification of donor and showing movements of gift amount through banking channels is not sufficient to prove the genuineness of the gift,
(ii) Since the claim of the gift is made by the assessee, the onus lies on him not only to establish the identity of the person making the gift but also his capacity to such a gift. The assessee has to prove that the money has actually been received as a gift from donor,
(iii) It is the burden of the assessee to showrf and demonstrate what kind of relationship or what kind of love and affection the donor has with the assessee, and to explain circumstances in which gift were made.
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