Late Smt. Vineeta Singh Vs ACIT (ITAT Delhi)
The issue under consideration is whether addition made by AO for the cash gifts found in search which is received at the time of marriage and anniversary and cash for cancer treatment is justified in law?
ITAT states that, if some cash portions were real gift, at least some document like gift deed or gift letter or some scribbling to that effect would have been found in the house or in possession of the assessee or her husband. However, nothing of that sort was found. The so-called long list containing names of different persons who had given gifts at the time of engagement or marriage of the son or at the time of silver wedding anniversary cannot be believed in absence of any iota of evidence found at the time of search and, therefore, ITAT concur with the finding of the CIT(A) on this issue that this is nothing, but, an afterthought. The various decisions relied on by the ld. Counsel for the assessee are distinguishable and not applicable to the facts of the present case. The various affidavits and confirmations filed from various close relatives, in our opinion, are nothing but mere self serving documents just to accommodate the assessee to explain the source. It is also strange that not a single transaction is through banking channel and everyone has given cash only to the assessee either for her treatment or for safe custody which is unbelievable. In this view of the matter and in view of the detailed reasoning given by the CIT(A) on this issue, ITAT do not find any infirmity in the order of the CIT(A) sustaining the addition of Rs.15,90,000/-. Thus, in sum and substance, the assessee gets relief of Rs.5,20,000/- and the balance amount of Rs.15,90,000/- sustained by the CIT(A) is confirmed. The grounds raised by the assessee are accordingly allowed.
FULL TEXT OF THE ITAT JUDGEMENT
This appeal filed by the assessee is directed against the order dated 7th
February 2011 of the CIT(A), Ghaziabad, relating to assessment year 2004-05.
2. Facts of the case, in brief, are that the assessee is an individual and derives income from profession as architect, income from house property and from other sources. Original return of income was filed declaring the total income at Rs.1,02,067/-. On 10th July 2003, a search was conducted by the CBI at the premises of the assessee’s husband Shri Tribhuvan Singh. During the said search, aggregate cash amounting to Rs.21,60,000/- was found, out of which an amount of Rs.21,53,000/- was seized, the details of which are as under:-
