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Case Law Details

Case Name : Ashokbhai Amrutbhai Valand Vs ITO (ITAT Ahmedabad)
Appeal Number : I.T.A. No. 2317/Ahd/2018
Date of Judgement/Order : 16/12/2022
Related Assessment Year : 2010-11
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Ashokbhai Amrutbhai Valand Vs ITO (ITAT Ahmedabad)

It is pertinent to note that to meet the emergency situation of additional expenses by the assessee the assessee has obtained cash not only from assessee’s father and mother but also the close relative i.e. the maternal uncle, maternal aunt as well as paternal uncle and paternal aunt and the said relation cannot be doubted by the Assessing Officer. The gift offered by this relatives are appears to be genuine and therefore, the CIT(A) was not right in confirming the addition of the extent of Rs. 4,00,000/-. As regards, the legal ground of the assessee merely that date of approval is identical to the issuance of notice cannot be treated as the time barring or non-valid notice under Section 148 of the Act. Therefore, the submission to that extent of the assessee is rejected. The appeal of the assessee is partly allowed.

FULL TEXT OF THE ORDER OF ITAT AHMEDABAD

The appeal filed by the assessee is against the order passed by the Ld. CIT(A)-5, Ahmedabad on 30.10.2018 for A.Y. 2010-11.

2. The grounds of appeal raised by the assessee are as under:

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