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we find that the learned AO acted beyond his jurisdiction by raising doubts regarding the relationship of the assessee and the donor ignoring the statutory provision in this regard as already been highlighted by the assessee before him in his written reply dt. 4th Feb., 2015. Without rebutting the submission made by the assessee the order of addition was made by the learned AO. Further that, whether the gift so received by the assessee from his brother-in-law is exempted from tax under s. 56 of the Act has been considered on a wrong notion. Instead of relative as provided by the statute ‘blood relative’ has been considered by the learned AO and as a result whereof addition was made which is absolutely erroneous as rightly pointed out by the learned CIT(A) as it reflects from the order impugned. Thus, in the absence of any infirmity in the order passed by the learned CIT(A) we decline to interfere with the same. Hence, the Revenue’s appeal is dismissed

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Sec. 56(2)(vi) & 68 of Income-tax Act, 1961 — Income from other sources — The gifts of Rs. 5 crore in both the years received from Narottam Sekhsaria, being from a 'relative', is, brother-in-law of the assessee  is not taxable under s. 56 as the gifts having been fully established as genuine and from explained sources, the receipts are also not taxable under s. 68, thus, the addition of Rs. 5 crore each made by the AO for both the assessment years under appeal is not sustainable and therefore, the same is deleted— Pr. CIT vs. Arvind N. Nopany [2020] 313 CTR 87 (GUJ)

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