Karthick Natarajan v. DCIT, IT (2023) 202 ITD 552/226 TTJ 710 (Chennai) (Trib.)

S. 69A : Unexplained money-Cash deposited-Demonetization period-Gifts received in connection with marriage-NRI-Failure to substantiate the gift-Relief of Rs.50,0000 is granted-Provisions of section 115BBE as amended by Taxation Laws (Second Amendment) Act, 2016 will apply with effect from 1-4-2017 on enhanced rate of 60 per cent instead of rate of 30 per cent. [S,115BBE]

Assessee, a NRI had made cash deposit in his bank account and claimed that sum deposited were gifts of Rs. 1 crore received in connection with his marriage celebrated on 7-12-2015 and claimed same as exempt being gifts received during marriage. Assessing Officer held  that assessee had not furnished any material evidence to substantiate that he had received gift of Rs. 1,00,00,000/-during his wedding in December, 2015 other than wedding invitation card and accordingly, he made addition of Rs. 1,00,00,000/-, deposited during demonetisation period, as unexplained money as per provisions of section 69A  and taxed as per section 115BBE of the Act. CIT(A) confirmed the addition. On appeal the Tribunal held that  since assessee is  an NRI and to prove gifts received on occasion of marriage etc., being nearly impossible, an estimate was to be made and amount of Rs. 50,00,000/-is  to be deleted from addition as unexplained money under section 69A. Tribunal also held that provisions of section 115BBE as amended by Taxation Laws (Second Amendment) Act, 2016 will apply with effect from 1-4-2017 on enhanced rate of 60 per cent instead of rate of 30 per cent. (AY. 2017-18)