9911796707
TMI Blog2022 (7) TMI 1526X X X X Extracts X X X X X X X X Extracts X X X X ..... gold jewellery and ornaments to the extent of 500 grams per a married lady, 250 grams per an unmarried lady and 100 grams per male member of the family should not be seized. AO has erred in disallowing the excess gold of 284.600 grams belonging to the mother of the assessee who is staying with the assessee being the only daughter, and considered as belonging to the family members of the assessee. In these peculiar circumstances, we find merit in the argument of the Ld. AR and we are of the considered view that the order of the Ld. CIT(A) needs to be quashed and allow the appeal of the assessee. - SHRI DUVVURU RL REDDY, HON BLE JUDICIAL MEMBER AND SHRI S BALAKRISHNAN, HON BLE ACCOUNTANT MEMBER For the Appellant : Sri MV Prasad, CA For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld jewellery under 69A of the Act. Aggrieved by the order of the Ld. AO, the assessee preferred an appeal before the Ld. CIT(A). 3. The Ld. CIT(A) observed that none attended for the hearing during the appellate proceedings inspite of several opportunities and thereby dismissed the appeal of the assessee. Aggrieved by the order of the Ld. CIT(A), the assessee is in appeal before us. 4. The assessee raised the following grounds of appeal: 1. The Ld. CIT(A) erred in facts and law while passing the order. 2. The Ld. CIT(a) ought to have considered the appeal based on merits of the case instead of dismissing the appeal. 3. On the facts and circumstances of the case, the Ld. CIT(A) ought to have noticed that the Assessing Officer is not justifie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing effect to the CBDT instruction to the gold jewellery belonging to the mother of assessee while allowing the gold jewellery belonging to mother-in-law of the assessee. The Ld. AR further submitted that the mother of the assessee is staying with her daughter, who is the only daughter and hence the benefit of CBDT Instruction No. 1916 should also be extended to the mother of the assessee. Per contra, the Ld. DR supported the order of the AO but could not controvert the taxing of excess jewellery belonging to the mother of the assessee. 6. We have heard the rival contentions, perused the material available on record and the orders of the authorities below. Admitted facts are that the gold jewellery belonging to family members was seized to ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
