JASPAL SINGH Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) ASST . yr. 1998 -99, proposing following substantial questions of law :

(2.) FACTS noticed in the order of the Tribunal are that the assessee had constructed house property. He had claimed to have received various gifts aggregating to Rs. 15,69,000 for asst. yrs. 1997 -98 to 2001 -02 from various non -residents. In the year under appeal, the assessee had claimed to have received a sum of Rs. 4,70,000 from non -residents and Rs. 1,20,000 from four persons at Rs. 30,000 each. The assessee was asked to establish the identity of the donors, their creditworthiness and genuineness of the gifts. In the case of Smt. Surinder Kaur, the assessee filed an affidavit along The AO had recorded the statement of the assessee. Some of the relevant questions have been quoted by the AO in the assessment order along with replies given by the assessee. On the basis of the statement of the assessee and the relevant evidence on record, the AO came to the conclusion that even the identity of the donor was in doubt. The genuineness of the gifts was not established and that she was not related to the assessee and there was no occasion for making the gift.

(3.) REASONS given by the AOs with regard to the gift made by Smt. Surinder Kaur are :