Guidelines for seizure of jewellery during search u/s132. - Income Tax - 1916/1994

INSTRUCTION NO. 1916/1994 Dated: May 11, 1994 Section(s) Referred: 132 Statute: Income - Tax Act, 1961 Instances of seizure of jewellery of small quantity in the course of operations under Section 132 have come to the notice of the Board. The question of a common approach to situations where search parties come across items of jewellery, has been examined by the Board and following guidelines are issued for strict compliance :- (i) In the case of a wealth-tax assessee, gold jewellery and ornaments found in excess of the gross weight declared in the wealth-tax return only need be seized. (ii) In the case of a person not assessed to wealth-tax, gold jewellery and ornaments to the extent of 500 gms. per married lady, 250 gms. per unmarried lady and 100 gms. per male member of the family, need not be seized. (iii) The authorised officer may, having regard to the status of the family and the customs and practices of the community to which the family belongs and other circumstances of the case, decide to exclude a larger quantity of jewellery and ornaments from seizure. This should be reported to the Director of Income-tax/Commissioner authorising the search at the time of furnishing the search report. (iv) In all cases, a detailed inventory of the jewellery and ornaments found must be prepared to be used for assessment purpose. 3. These guidelines may please be brought to the notice of all the officers in your region.