LAWS(P&H)-2007-7-118

SUBHASH CHAND VERMA Vs. COMMISSIONER OF INCOME TAX

Decided On July 09, 2007
SUBHASH CHAND VERMA Appellant
V/S
COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

(1.) 2006 (Annex. A.5) passed by the Income -tax Appellate Tribunal, Chandigarh Bench 'A', Chandigarh (for brevity, 'the Tribunal') in ITA No. 884/Chd/2001 in respect of asst. yr. 1997 -98 upholding the addition of Rs. 4 lacs on account of NRI gift given to the assessee.

(2.) AT the hearing, it is claimed that the following two substantive questions of law would arise for determination of this Court :

(3.) DURING the course of assessment proceedings for the asst. yr. 1997 -98, the AO included a sum of Rs. 4 lacs for the purposes of assessment which was introduced by the assessee in his capital account claiming a sum to be a gift received from Shri Arun Wangoo, an NRI from United Kingdom. Before making addition, assessee was granted opportunity to discharge the burden of proving the gift of sum of Rs. 4 lacs. The AO refused to accept the gift as genuine by recording the following reasons :