COMMISSIONER OF INCOME TAX Vs. SUNITA VACHANI MRS

JUDGEMENT

(1.) THE petitioner seeks reference of the following question of law to this Court :

(2.) THERE were some gifts from abroad which were not taxed by the ITO. The CIT issued notice under S. 263 of the INCOME TAX ACT, 1961, and passed on order setting aside the order of ITO and directing the ITO to pass a fresh assessment. The view of the CIT was that the order of the ITO was prejudicial to the interests of the Revenue as the ITO had not gone into the sources of the gifts and had not satisfied himself about the genuineness thereof.

(3.) IN our opinion, the Tribunal had, on merits, come to the conclusion that the gifts were genuine. This is a pure question of fact. The Tribunal has examined the evidence which was available on the record and has arrived at the aforesaid finding. Even though it may be surprising as to how large sums of money are received by a family in India by way of gifts from strangers from abroad, unless there is something more tangible than suspicion, it will be difficult to regard the moneys received in India from abroad as representing the income of the assessee in India. On the facts as existing on the record, we are unable to come to the conclusion that any question of law arises. The petition is dismissed. No order as to costs.