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TMI Blog2015 (11) TMI 1894X X X X Extracts X X X X X X X X Extracts X X X X ..... of the family members was below the limits specified in the said circular. Although the circular had been issued for the purpose of non-seizure of jewellery during the course of search, the basis for the same recognizes customs prevailing in Hindu society - unless the Revenue shows anything to the contrary, it can safely be presumed that the source to the extent of the jewellery stated in the circular stands explained. Thus, the approach adopted in considering the extent of jewellery specified under the said circular to be a reasonable quantity, cannot be faulted with. Decided in favour of assessee. - Hon'ble Judge Pramod Kumar AM For the Appellant : Harish Ranpura For the Respondent : Yogesh Pandey ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs.756105/- 3. During the assessment proceedings it was explained to the Assessing Officer that these ornaments were received by her from time to time from different family members. The plea of the assessee was, however, rejected by observing as follows :- 6. The reply of the assessee is not acceptable. Except sating that she had received these jewellery prior to her marriage from her parents and other relatives, no evidence has been produced. The contention that they were received during various social occasions, is a very general reply. In fact, the contention of the assessee that she had received 8 grams as gift from her husband is also far from truth, as the same is shown to have received in 19.04.2007, whereas th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted before the Assessing Officer was almost repeated in the appeal proceedings and no further evidence to rebut the finding of the Assessing Officer was furnished the assessee is aggrieved and is in further appeal before me. 5. I have heard the rival submissions, perused the material on record and duly considered facts of the case in the light of the applicable legal position. 6. I have noted that the total jewellery found during search belonging to the assessee was less than 500 gms. Considering her status and the normal practice in Hindu families as such, and as per the CBDT Circular No.1916 dated 11.05.1994 such jewellery cannot be treated as unexplained jewellery and added to the income of the assessee. In this regard, I m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the time of social functions, viz., marriages, birthdays, marriage anniversary and other festivals. These gifts are customary and customs prevailing in a society cannot be ignored. Thus although the circular had been issued for the purpose of non-seizure of jewellery during the course of search, the basis for the same recognizes customs prevailing in Hindu society. In the circumstances, unless the Revenue shows anything to the contrary, it can safely be presumed that the source to the extent of the jewellery stated in the circular stands explained. Thus, the approach adopted by the Tribunal in considering the extent of jewellery specified under the said circular to be a reasonable quantity, cannot be faulted with. In the circumstances, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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