Case Law Details
Sumeet Agarwal Vs Joint Commissioner of Income Tax (ITAT Hyderabad)
Undoubtedly, before the Assessing Officer, the assessee had categorically submitted that the marriage was taken place on 27.11.2020 and cash of Rs. 5 lakhs was received at the time of marriage. Undoubtedly, the assessee has not provided the details of persons who had given the cash gifts. The assessee had furnished an affidavit from his uncle Satish Kumar Agarwal wherein he acknowledges that he had handed over Rs.20 lakhs to the assessee. In the present case, the Assessing Officer has not brought on record any evidence to rebut the evidence by way of affidavit filed before him. Though no other evidence was filed during the assessment proceedings / appellate proceedings. However, I cannot completely disbelieve that the cash gifts were normally not given on the occasion of marriage. However, to accept the contention of the assessee that Rs.20 lakhs were received is beyond comprehension and hence, cannot be accepted more particularly when no cogent evidence was filed by the assessee. In my view, merely filing of the affidavit is not sufficient to prove the capacity and source of the persons who has given money to the assessee. Though, it is the case of the assessee before us that the grand parents were running sweet shop at Jaipur and grand mother was also an income tax filer. However, the above said two facts were not brought to the notice of the lower authorities during the course of assessment. Undoubtedly, receiving and giving gifts is ceremonial at the time of marriage, in my view, considering the status of the assessee, who is an income tax assessee and status of his grand parents, it is very obvious and natural to receive gifts at the time of marriage from the relatives and friends. Considering the totality and peculiarity of the facts, I am of the view that the assessee is entitled to some relief and accordingly, I restrict the addition to Rs.10 lakhs (Rupees ten lakhs only). Thus, the gets relief of Rs.10 lakhs and the remaining amount of Rs.10 lakhs is confirmed. Thus, the appeal of the assessee is partly allowed.
FULL TEXT OF THE ORDER OF ITAT HYDERABAD
The appeal of the assessee for A.Y. 2021-22 arises from the order of Commissioner of Income Tax (Appeals) – 11, Hyderabad dated 26.10.2022 invoking proceedings under section 143(3) of the Income Tax Act, 1961 (in short, “the Act”).
2. The grounds raised by the assessee reads as under :
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