CIT v. Virendra Behari Agrawal (2024) 464 ITR 380 (All)(HC)

S. 69A : Unexplained money-Gift-Denied by donor-Order of Tribunal deleting the addition is set aside.[S. 260A]

Allowing the appeal of the Revenue the Court held the Tribunal had deleted the addition merely on the ground that no opportunity was provided for cross-examination. On the basis of the statement made by the donor, the burden had shifted upon the assessee. The transaction was not genuine but colourable. Hence, the Tribunal had wrongly deleted the addition. The money had been routed indirectly from the firm to the assessee’s account under the garb of gifts. Therefore, the order passed by the Tribunal pertaining to the deletion of the two amounts claimed by the assessee to be gifts was set aside and the order passed by the Assessing Officer was restored.(AY.2001-02