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| DATE: | January 4, 2008 (Date of publication) |
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s. 68 does not apply to an assessee who does not maintain books of account. Balance sheet/statement of affairs and bank pass book do not constitute ‘books of account’. In considering the genuineness of the “gifts”, it must be borne in mind that in the case of a “political figure who was working for the welfare of the downtrodden in a missionary manner and on account of this social work”, it is not uncommon for donors to part away with their properties by giving the same as gift to her. “No probe can easily be made into such aspects of human psychology and the best persons to explain such feelings and desires are those who advance and execute the same.” The fact that there is”lack of occassion” to make the gifts, that the donors are unrelated to the donee and that the donors borrowed funds to make the gifts are irrelevant circumstances.
Note: See also CIT vs. Mohankala (SC) on the test of pre-ponderence of probabality.
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