Case Law Details
Nanoomal Gupta Vs ACIT (ITAT Agra)
From the assessee’s return of income, the AO observed that the assessee had shown gifts received of Rs.10,00,000/-, i.e., Rs. 5,00,000/- from Kaushalya Devi, New Delhi and Rs.5,00,000/- from Shri Shree Bhagwan, New Delhi. The AO required the assessee to furnish the complete details of the donors, their copies of accounts, date and mode of receipt of the gifts and confirmations and to justify the gifts in terms of the identity of the donors, their creditworthiness and the genuineness of the gifts. However, since as per the assessment order, the required details were not filed, the AO added the entire amount of Rs.10,00,000/- to the income of the assessee as unexplained under section 68 of the IT Act.
Ld. Counsel for the assessee has contended that the ld. CIT(A) has erred in confirming the addition wrongly made under section 153A of the Act, without there being any adverse material on record against the assessee; that since the assessee had no business income, no books of account were maintained and the addition was made only on the basis of the assessee’s pass book, which is not a book of account; that as such, the addition made under section 68 of the Act is not sustainable.
It is undisputed that the addition was made only on the basis of the assessee’s bank pass book, which, is not sustainable in law.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
