Case Law Details
Vicky Jethani Vs ITO (ITAT Jaipur)
Assessee has claimed the gift of Rs. 8,00,000/- received from Smt. Poonaj Kanjani stated to be the Aunt of the assessee and non-resident Indian based at UAE. In support of the claim, the assessee has furnished the Bank Certificate of Bank of Baroda regarding the remittance of the amount from the bank account of Shri Raj Kumar of Hyderabad. However, the assessee has claimed this gift from Smt. Poonam Kanjani and not from Shri Raj Kumar of Hyderabad. The assessee further explained that since Shri Raj Kumar owed the money to Smt. Poonam Kanjani and, therefore, as per her instruction he transferred the said money to the assessee. We find that apart from the mere contentions and submissions, assessee has not furnished a single evidence or document to show how this amount has come from Smt. Poonam Kanjani. In the absence of any documentary evidence of movement of the amount of Smt. Poonam Kanjani, the assessee has failed to establish the claim of gift from Smt. Poonam Kanjani. The assessee has thus not substantiated his claim of gift received from Smt. Poonam Kanjani and has produced the evidence only to the extent that the said amount was transferred from the bank account of one Shri Raj Kumar to the bank account of the assessee. To that extent, the fact can be accepted, however, when the assessee has not claimed any loan or gift from Shri Raj Kumar, then the claim of gift from Smt. Poonam Kanjani in the absence of any evidence has not been proved. Thus when the assessee has introduced the cash of Rs. 8,00,000/- and failed to establish and explain the same being a gift received from Smt. Poonam Kanjani, then the assessee has not discharged his onus of proving the genuineness of the transaction of gift.
AO has raised the pertinent objection regarding the claim of gift received from Smt. Poonam Kanjani and assessee has failed to satisfy the requirement as per the provisions of section 68 of the Act. Accordingly, we do not find any error or illegality in the impugned orders of the authorities making disallowance U/s. 68.
FULL TEXT OF THE ITAT JUDGMENT JAIPUR
This appeal by the assessee is directed against the order dated 1st February, 2018 of ld. CIT (A), Ajmer for the assessment year 2014-15. The assessee has raised the following grounds :-
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