COMMISSIONER OF INCOME TAX Vs. BHANWARLAL SHARMA

JUDGEMENT

(1.) REVENUE has challenged the order of the Income Tax Appellate Tribunal dt. 20 -4 -2012. In this appeal preferred under section 260A of the Income Tax Act (the Act here -in -after), the appellant has challenged the impugned order by proposing following substantial questions of law for our consideration: - -

(2.) AGGRIEVED by such addition, when challenged by the assessee before the Commissioner (Appeals), it also concurred with the findings of the assessing officer. CIT (Appeals) also was of the opinion that the occasion which necessitated these gifts was not specified. The same have been given on a particular day by the donors after having purchased the same by consecutive demand drafts of the same bank. Explanation of the appellant was not found palatable and accordingly Commissioner (Appeals) had turned down the say of the assessee of deleting said amount from computation of his income.

(3.) LEARNED counsel Mrs. Mauna Bhatt appearing for the Revenue has forcefully submitted before us that the Tribunal by its findings has attempted to shift the onus on the department by saying that motivation of gift transaction is irrelevant. She further submitted that all the 24 donors are unrelated and hail from a moderate economic strata and it is highly unlikely that on the very same day, they would all gift the assessee huge amount of gift with different demand drafts drawn from the same bank.