CIT v. Mukesh M Sheth. (2018 ) 256 Taxman 443/ 170 DTR 262 / 305 CTR 558 (Guj) ( HC)

S.147: Reassessment- Block assessment-Gift -Once gifts are assessed in block assessment proceedings, same cannot be subject matter of assessment in regular assessment; whether in block assessment, Assessing Officer has found gift to be genuine or non-genuine can be of no consequence [ S.68,143(1) 148 , 158BC ]

Gift from NRI was accepted u/s 143(1) of the Act. Assessee was subjected to search and in the course of block assessment proceedings AO carried out detailed enquiry in respect of gift received by assessee – Donors were summoned, they appeared before Assessing Officer and their statements were recorded, in which, they owed up gift and also cited reasons for giving such lavish gift to assessee.AO after such detailed inquiry held majority of amount of gift to be genuine and rest as non-genuine . After block assessment order was passed, reassessment order in which AO  made addition of gift amount under section 68 holding entire gift amount to be non-genuine  . Dismissing the appeal of the revenue the Court held that once gifts were assessed in block assessment proceedings, same could not be subject matter of assessment in regular assessment; whether in block assessment, Assessing Officer had found gift to be genuine or non-genuine could be of no consequence .( AY. 2000-01 , 2001-02)