This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Receipt through banking channel not sufficient to prove genuineness of a gift
Case Law Details
- Case Name
- Rajinder Kumar Mittal Vs. ACIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 1999- 2000
- Courts
- All ITAT, ITAT Delhi
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 ma...
