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| The Tax Publishers2022 TaxPub(DT) 7084 (Del-Trib) INCOME TAX ACT,1961
Sections 68 & 56(2)(v)
Where assessee had produced affidavit in the form of evidences in respect of receipt of cash and gifts from relatives on occasion of her marriage and that of incurring expenses out of same, AO was not correct in adding that gift amount as well as expenses to the income of the assessee.
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Income from undisclosed sources - Addition made under section 68 - Gifts received from relatives on the occasion of marriage -
Assessee received certain gifts and cash on the occasion of her marriage. She also incurred huge expenses on her marriage.AO without verifying the documents, made additions to income of assessee on the basis of incurrence of such expenses. On appeal, CIT(A) confirmed the order of AO. In second appeal, assessee argued before Tribunal that there is tradition in marriage of a female that she gets gifts etc. and for making expenses on her marriage the assessee also had taken loan from various persons who have also confirmed the same. Held: Assessee had filed various evidences in the form of affidavit, etc. CIT(A) had brushed aside those evidences without even verifying the veracity of such affidavit. Merely stating that the affidavit was procured subsequent to marriage, was not justified.CIT(A) ought to have verified the correctness of the claim of the assessee. Therefore, impugned order of CIT(A) was set aside and matter restored to the file of the AO to decide it afresh after considering the evidences placed by assessee in the form of affidavit and frame the assessment afresh.
REFERRED :
FAVOUR : In favour of the assessee
A.Y. : 2011-12
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