Identification of donor and receipt of gift by cheque not sufficient to prove genuineness of gift

In the instant case, the assessee claimed that an amount of Rs. 98,000 was received by him as gift from `M’ on account of love and affection by two drafts. Indeed, the amount of Rs. 98,000 was credited in the account books of the assessee for the previous year. `M’ appeared before the Commissioner (Appeals) and his statement was recorded. He had stated (i) that he was owner of 11-12 acres of agriculture land; (ii) that his income was Rs. 2 lakhs per annum; (iii) that his family consisted of his wife, son, son’s wife and three grand children; (iv) that an amount of Rs. 60,000 ...