P.P. Koya vs Dy. Commissioner of Income Tax

C.N. Ramachandran Nair, J.—Heard Counsel for the appellant and standing Counsel for the respondents. In the course of assessment the assessing officer noticed credit entries in the appellant''s bank, account to the tune of Rs. 15 lakhs. When the appellant was asked to explain the source, the appellant stated that amounts are received as gift through NRI cheques and demand drafts. When the assessing officer demanded confirmation of the same from the doors, appellant furnished address of some people abroad. However, appellant has not produced local address of any of the so-called donors. Even though first appellate authority accepted appellant''s contention, the Tribunal reversed the same on the ground that without producing local address, appellant cannot be said to have discharged the burden cast on the appellant. We are in agreement with the Tribunal''s view because without local address, the Officer will not be able to verify the genuineness of the transaction. Even though appellant had opportunity to furnish local address of the donors at three levels, we notice that still local address of the donors was not furnished by the appellant. Therefore we feel the Tribunal rightly came to the conclusion that gifts do not stand proved and consequently additions justified. We do not think any substantial question of law arises from the order of the Tribunal. Consequently appeal is dismissed.