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TMI Blog2018 (11) TMI 1246X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the above sum in cash at the time of his death or not. We also appreciate that lower authorities have already granted benefit of ₹ 1 lakh to the assessee even in absence of any evidence. However it cannot be denied that looking to the financial status of the assessee and the total amount of jewelry found at the residence of the assessee and the size of the business carried out by the family and also the size of rental income earned by the assessee being a lady member, Gift of ₹ 4.10 Lkahs received on her birthday from non relatives offered in her return of income and accepted by AO, the sum of ₹ 1 Lakh treated as explained out of the total sum received of ₹ 2.25 lakhs by the assessee from her husband seems quite low. Contrarily the acceptance of full sum as explained in absence of any evidence is not possible. Therefore, refereeing to facts stated above, further reduction in the addition is granted of ₹ 50,000/- on account of addition in the hands of the assessee on account of cash received from deceased husband of the assessee. Hence, we direct the LD AO to restrict the addition only to the extent of ₹ 1 Lakhs instead of ₹ 1.50 l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to the appeal of the assessee two effective grounds of appeal are raised by the assessee a) addition of ₹ 3 57080/ of jewelry b) Addition u/s 69A of the Act of ₹ 1.5 lakhs as cash in hand found at the premises of the Assessee 6. Facts of the case shows that Search and seizure operation u/s 132 of The Income Tax was carried out on 21/1/2011 in the Dharmapal Satyapal Group of cases which is engaged in manufacturing and trading of tobacco and premium pan masala besides other businesses. The assessee is an individual. She filed her return of income for AY 2011 12 on 27/2/2013 declaring total income of ₹ 7, 11, 013/ . The learned AO noted that during the course of search, jewelry as per the valuation made by the government registered valuer was found of ₹ 53, 29, 753/ containing 25 items and out of which jewelry valued at ₹ 3570806/ was seized. Weight of jewelry was gold of 453.738 grams and 75.72 grams of stones. Thus, assessee was asked to explain the source of acquisition of the above jewelry. Assessee stated that in wealth tax returns filed by her and other female members of the family, declared value of total jewelry of ₹ 1.24 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. The reason is that on identical facts and circumstances in the similar search and in case of another two female members of the same family the identical additions made by the revenue has been deleted by the coordinate benches in the above stated orders submitted by the learned authorized representative. In view of this, the issue is squarely covered in favour of the assessee and respectfully following the decision of the coordinate benches as stated before, where the learned departmental representative could not find any difference in the facts and circumstances, we allow ground number one of the appeal in favour of the assessee and against the revenue. similarly, as the issue is squarely covered by the above two decisions of the coordinate bench on similar facts and circumstances in case of other female members of the same group we do not find any merit in the appeal of the revenue and hence, the solitary issue in that appeal is decided against the revenue and in favour of the assessee. Accordingly, ground No. 1 and 2 of the appeal of the revenue is dismissed and ground No. 1 in appeal of the assessee is allowed. 11. The second Ground of appeal is with respect to the additio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner appeals. He submitted that that the lower authorities have only granted the relief of ₹ 1 lakhs out of the amount of ₹ 2.25 lakhs stated to be the cash left by the husband of the appellant at the time of his death. He further submitted that when they learned assessing officer has accepted the fact of cash having been left by the husband of the assessee but without any material or reason has restricted it to the extent of ₹ 1 lakhs only. He further stated that looking to the status of the assessee and the financial condition of the whole family it is not unusual that she might have got this sum on demise of her husband. 14. The learned departmental representative vehemently supported the orders of the lower authorities and submitted that learned assessing officer has allowed the claim of the assessee to the extent of ₹ 1 lakh even without evidence looking to the family status of the assessee. Therefore, now the assessee cannot be granted further relief without pointing out any evidence of having such cash in the hands of the husband of the assessee at the time of death. He further stated that assessee has produced neither the balance sheet nor the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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