TIRATH RAM GUPTA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS appeal has been preferred by the assessee proposing the following substantial questions of law arising out of the Tribunal"), in Tax Appeal No. 503/Chd/2001, in respect of the asst. yr. 1997 -98 :

(2.) THE assessee had shown a foreign gift of Rs. 1 lakh from one Darshan Singh. The AO asked the assessee to explain the foreign gift and relationship with the donor. On being asked, the assessee stated that he was not aware about the business of the donor. The statement of the father of the donor, Shri Mukhtiar Singh was recorded and it was found that the gift was not genuine. On appeal, the CIT(A) reversed this view taken by the AO. On further appeal, the Tribunal set aside the order of the CIT(A) relying upon the judgment of this Court in Lal Chand Kalra vs. CIT (1981) 22 CTR (P&H) 135 and the judgment of the Delhi High Court in Sajan Dass and Sons vs. CIT (2003) 181 CTR (Del) 581 : (2003) 264 ITR 435 (Del), holding that :

(3.) REFERENCE was also made to the judgments of the Hon'ble Supreme Court in CIT vs. Durga Prasad More 1973 CTR (SC) 500 : (1971) 82 ITR 540 (SC) and Sumati Dayal vs. CIT (1995) 125 CTR (SC) 124 : (1995) 214 ITR 801 (SC). The Tribunal concluded that the gift was not genuine.