9911796707
TMI Blog2017 (11) TMI 2001X X X X Extracts X X X X X X X X Extracts X X X X ..... ver, various Courts and the Co-ordinate Benches of the Tribunal are taking a liberal view on the basis of this circular and are allowing credit for such gold/jewellery as explained. In this view of the matter, we set aside the order of the CIT(A) and direct the Assessing Officer to delete the addition. The grounds raised by the assessee are accordingly allowed. - ITA No. 3733/Del/2017 - - - Dated:- 20-11-2017 - Shri R.K. Panda, Accountant Member For the Assessee : Shri R. S. Singhvi, CA. For the Department : Ms. Yamini, Sr. DR. ORDER PER R. K. PANDA, AM : This appeal filed by the assessee is directed against the order dated 28.02.2017 of CIT(A)- 25, Delhi relating to assessment year 2014-15. 2. Facts of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lanation given by the assessee and upheld the addition made by the Assessing Officer on the ground that no Wealth Tax Return was filed by the assessee in the past to substantiate the owning of such jewellery. Further, the assessee during the course of assessment proceedings also could not file any supporting documentary evidence i.e. purchase bills, etc.. No justification of source about the jewellery could be given during the appellate proceedings. Despite sufficient opportunity given during the appellate proceedings, the assessee evaded the appeal proceedings. He accordingly upheld the addition made by the Assessing Officer. 5. Aggrieved with such order of the ld. CIT(A), the assessee is in appeal before the Tribunal with the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... force in the above argument of the ld. counsel for the assessee. The Hon ble Bombay High Court in the case of Mrs. Komal Wazir vs. DCIT reported in 120 DTR 353 has held that in the normal course of human conduct, on occasions such as marriage the parents and parents-in-law of a bride do normally gift jewellery to the bride. It is not possible to expect the bride to ask for evidence of bills/invoices to support the purchase of the jewellery. It was accordingly held that invocation of section 69 in these facts is completely unwarranted. The Hon ble Rajasthan High Court in the case of CIT vs. Satya Narain Patni reported in 366 ITR 325 has held that where jewellery found in possession of assessee s family was personal wearing of ladies and sam ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
