Jyoti R. Raut (Mrs.) v. DCIT (2022) 197 ITD 552 (Mum.)(Trib.)

S. 68 : Cash credits-Gift of jewellery from grandmother-Gift received in kind-No cash or cheque-Addition cannot be made as cash credits-Affidavit of grandmother was filed-No occasion for gift to be proved-Exempt from the provisions of section 56(2)(vii) of the Act. [S. 56 (2)(vii]

Assessee received jewellery from her grandmother which was credited as gift in capital account by assessee.  Assessing Officer treated same as unexplained cash credit on ground that no occasion or reason was mentioned for grant of gift. Held that   the assessee has  furnished gift deed from grandmother together with an affidavit in non-judicial stamp paper confirming fact of gift.  Affidavit  stated that grandmother had given said gift out of her streedhan.  Since gift was received in kind and no cash or cheque was received by assessee as gift, provisions of section 68  is not applicable hence addition is deleted.  Tribunal also  held that since grandmother/donor gave jewellery as gift to assessee out of natural love and affection, no occasion was required to be proved and same would be exempt from tax in terms of section 56(2)(vii) (AY. 2015-16)