Case Law Details
CASE LAWS DETAILS
DECIDED BY: ITAT, `C’ BENCH , AHMEDABAD,
IN THE CASE OF: Dinesh Babulal Thakkar Vs. ACIT, APPEAL NO: ITA Nos. 4434 & 4435/Ahd/2006, DECIDED ON March 31, 2010
RELEVANT PARAGRAPH
15. We have heard the rival submissions and perused the material on record. In our considered view there is no case to interfere in the order of the Ld. CIT(A). Reasons are that it is not proved that Biral M. Patel was known to the assessee. No evidence in support of any acquaintance or love or affection with the assessee has been filed. There are no reasons or occasion for giving gift, except relying on the decision of Honourable Rajasthan High Court that blood relation is not necessary for giving gift. In our considered view the Judgement of Honourable Supreme Court in Mohan Kala’s case (supra) will be more applicable on the facts of the present case. It require the necessity of blood relation, and surrounding circumstances for accepting the gift to be genuine, in addition to evidence of transfer of money. Honourable S.C. in above case held that transfer of moneys through Banking channels is not sufficient to hold the gift as genuine. In this regard we refer to the following portion of the Judgement. (Head notes)
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now that the section has been amended,this may not be of significant consequent in future. But for the cases pending this appears to be a fair view