Gift from father and father in law cannot be made taxable on mere technical grounds: ITAT Delhi
Facts:
1. The instant appeal filed by the assessee is directed against the order dated 15.03.2024 passed by the National Faceless Appeal Centre (NFAC), Delhi. The addition of Rs.10,80,000/- on account of cash deposit made by the assessee.
2. The assessee was married in February, 2011 and he received gift in cash from his father Shri Vinod Kumar Rai of Rs.5,00,000/-and Rs.5,80,000/- from his father in law namely Shri Avadh Kumar Rai.
3. Affidavits affirmed by his father and his father in law have been duly submitted before the Ld. CIT(A) a photocopy whereof have been annexed to the records are placed before us by the assessee.
4. The Ld. CIT(A) and AO disputed both the affidavits on technical ground. The affidavit affirmed by Shri Vinod Kumar Rai dated 05.04.2019 and the affidavit filed by the father in law Shri Avadh Kumar Rai dated 25.04.2011 was disputed by the CIT(A) in respect of date mentioned therein.
ITAT Delhi held as below:
1. Though the date of the stamp paper is being disputed both are of April 2011. Moreso, marriage invitation card of the assessee and the proof of agricultural land have also been annexed to the paper book in support of such income earned by the donors along with separate statements made by the two donors mentioned above.
2. Considering the evidences adduced by the assessee, the stand taken by the assessee seems to be genuine and hence, the addition made by the Ld. CIT(A) disputing the date of stamp paper is not found to be sustainable in the eyes of law when the other documents is found to be acceptable; veracity of the same particularly when neither objected by the authorities below.
3. The addition is, thus, deleted. Appeal preferred by the assessee is, thus, allowed,
