The Commissioner Of Income Tax-Ii vs Mrs. Kusum Gupta
2010 Latest Caselaw 3321 Del

5
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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      ITA 831/2010

THE COMMISSIONER OF
INCOME TAX-II               ..... Appellant
                 Through: Ms. Sonia Mathur, Advocate


                       versus


MRS. KUSUM GUPTA                           ..... Respondent

Through: Mr. Salil Aggarwal, Advocate

% Date of Decision: 16th July, 2010

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN

1. Whether the Reporters of local papers may be allowed to see the judgment? No

2. To be referred to the Reporter or not? No

3. Whether the judgment should be reported in the Digest? No

MANMOHAN, J (Oral)

CM APPL. 11720/2010

This is an application for condonation of delay of 197 days in re-

filing the appeal.

For the reasons stated in the application, delay of 197 days in re-

filing the appeal is condoned.

Accordingly, application stands disposed of.

ITA 831/2010

1. Present appeal has been filed under Section 260A of Income Tax

Act, 1961 (for brevity "Act 1961") against the order dated 24th

October, 2008 passed by the Income Tax Appellate Tribunal, Delhi (in

short "ITAT") relating to the assessment year 2001-2002.

2. Ms. Sonia Mathur, learned counsel for revenue submitted that

ITAT erroneously deleted the addition of Rs. 60,00,000/- made by the

Assessing Officer on account of unexplained gifts received by the

assessee during the relevant accounting period. She further submitted

that ITAT had not appreciated all the surroundings circumstances as the

gifts did not meet test of human probabilities.

3. However, we find that not only was the genuineness of the two

gifts established inasmuch as registered gift deeds were produced but

also the statements of two donors along with the assessee were

recorded. In fact, the tribunal in the impugned order has concluded on

facts that the identity and creditworthiness of the donors was proved

beyond doubt.

4. In our opinion, as gifts were made by way of registered gift

deeds as well as payments were made by way of account payee cheques

and both the donors are income tax assesses, it cannot be said that the

gifts are not genuine. Resultantly, the appeal stands dismissed in limine

but with no order as to costs.

MANMOHAN, J

CHIEF JUSTICE

JULY 16, 2010 js