2010 (10) TMI 1056 - AT - Income Tax

Summary

Issues involved: Cross appeals against a consolidated order of CIT(A)-I, Pune for A.Y.

Assessee's Appeal (ITA No. 1339/PN/08):
1. Valuation of Gold Ornaments: Dispute over the difference in valuation of gold ornaments on gross weight and net weight basis.
2. Unexplained Cash: Challenge to the addition of Rs. 30,521 on account of unexplained cash.

1. The dispute regarding the valuation of gold ornaments centered around the addition of Rs. 14,20,763, representing the difference in net weight of gold jewellery found during search. The Assessing Officer (A.O) treated this as unexplained investment under section 69A of the Income Tax Act, 1961. The CIT(A) upheld this decision, emphasizing the importance of net weight in assessing the possession and source of acquisition of jewellery. The Tribunal affirmed this decision, considering the net weight method as realistic and confirming the addition.

2. Regarding the unexplained cash of Rs. 30,521 found during the search, the assessee failed to reconcile the difference and provide a specific explanation supported by evidence. The CIT(A) confirmed the addition, noting that the cash book submitted by the assessee was based on estimates and lacked substantiated sources for the deposits. The Tribunal upheld this decision, stating that the assessee's failure to demonstrate the genuineness of the sources justified the addition.

3. The CIT(A) directed the A.O to verify the claim of the appellant regarding the unexplained jewellery and the payment made through account payee cheques. The Tribunal, acknowledging the pending remand ordered by the CIT(A), directed the A.O to comply with the directions and decide on the unexplained nature of the investment in golden jewellery, allowing the submission of additional evidence by the assessee. The appeals were dismissed and set aside accordingly.

Separate Judgement: None.