No addition for gifts if Assessee proves Identity, capacity & genuineness of donor

Dr. Vempala Bala Manohar Vs ITO (ITAT Visakhapatnam) The issue under consideration is whether the AO is correct in treating the gifts as unexplained credit? In the present case, the assessee is a Physician deriving income from running hospital. The case of the assessee was selected for scrutiny after survey. During the scrutiny, AO noticed that the assessee has received gift from his brother. The assessee failed to explain that what is the occasion to give a gift and there is no gift agreement between the donor and donee and creditworthiness is not proved. Therefore, the Assessing Officer is o...