Vinod Kumar Jain v. ITO (2020) 77 ITR 83 (SN) / 205 TTJ 527(Indore)(Trib.)

S. 69 : Unexplained investments-Books of account not audited–Net profit to be estimated at 8%-Cash gift from relatives-Mother in law-Relative-Agricultural income-No reason to doubt genuineness and creditworthiness of source-Addition is not justified. [S. 56, Explanation, (e), 68]

Tribunal held that the assessee had not shown the business receipts and income under the head business income but this could not preclude the assessee from claiming incidental expenses incurred for carrying out business. Though assessee had declared 6.28 per cent. net profit rate on the transport business on the gross receipts of Rs. 19,88,592, an estimate of net profit at 8 per cent. of the gross receipts of Rs. 19,88,592, i. e., Rs. 1,59,087 would be justified.  As regards  the gifts of Rs. 10 lakhs and Rs. 2.50 lakhs were received in cash. during the course of appellate proceeding the assessee placed sufficient documentary evidence to prove the identity, genuineness and creditworthiness of the donors. The gift of Rs. 10 lakhs received from the assessee’s mother-in-law who was said to be the owner of around 50 acres agricultural land receiving regular income from agricultural proceeds for many years. The gift deed was duly notarised and she had declared her accumulated capital, stridhan and income from gift received from her husband who was earning regular agricultural income, was the source of the gift given to her son-in-law. The fact that the mother-in-law had regular source of agricultural income and the authenticity of gift deed had not been disputed. She was also “relative” of the assessee as provided in clause (e) of Explanation to S.  56. There was no reason to doubt the genuineness and creditworthiness of the gift at Rs. 10 lakhs.(AY.2010-11)