RAMESH C. SHAH v. FORUTH INCOME TAX OFFICER
[Citation -1985-LL-0226-7]
| Citation | 1985-LL-0226-7 |
|---|---|
| Appellant Name | RAMESH C. SHAH |
| Respondent Name | FORUTH INCOME TAX OFFICER |
| Court | ITAT |
| Relevant Act | Income-tax |
| Date of Order | 26/02/1985 |
| Assessment Year | 1979-80 |
| Judgment | View Judgment |
| Keyword Tags | levy of interest • usa |
| Bot Summary: | The relevant facts are that the assessee claimed before the ITO that he h a s received Rs. 9,500 as gifts from his uncle and brother who are staying abroad. When they came to India, they gifted this amount. In support of these, the assessee filed confirmatory letter from K. H. Sheth, uncle of the assessee, having made gift of Rs. 5,000 and another confirmatory letter from his brother Sri Prafull C. Sheth having gifted Rs. 5,000. The ITO did not agree with the claim of the assessee. In appeal, the view taken by the ITO was confirmed by the AAC. Being aggrieved, the assessee came in appeal before us. Representative for the assessee Sri Anand Mehta, submitted that the donors are the near relatives of the assessee and the assessee has lost his father. For such gifts, of Rs. 5,000 and Rs. 4,500, a person from USA is not expected to come and appear before the ITO for examination. Considering the facts especially the financial position of the donors and their relations with the assessee, we accept the claim of the assessee that the gifts are given by the relative. |