9911796707
TMI Blog2025 (2) TMI 920X X X X Extracts X X X X X X X X Extracts X X X X ..... s at the time of her marriage, on the occasion of birth of her children and on other occasion etc. Nothing has been brought on record to dispute the veracity of the statement of the assessee or the contents of the Affidavit filed by the daughter of the assessee. The only reason for the addition was that since the locker was being regularly operated by the assessee, the natural presumption would be that the jewellery found in said locker, belonged to the assessee only. Looking into the instant facts, no such presumption can necessarily be drawn, looking into the fact that the locker in question was jointly held by the assessee and her daughter. Daughter of the assessee was residing in UK and hence it was practically not possible for her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an Dalai), Settled in United Kingdom. The ld. CIT (Appeals] has failed to appreciate the facts that while recording statement on oath, the appellant has categorically stated that the jewelley found from the locker, belongs to her daughter and in support of the same, the appellant has duly produced an affidavit of Ms. Kanan Dalal, a daughter & valuation report of Government Approved Valuer. Further, the ld. CIT has failed to appreciate the facts that neither the AO nor the ld. CIT(Appeals) himself have not raised any objections regarding these facts that the jewellery found from the locker, do not belong to the daughter of the appellant. 3. On the facts and in the circumstances of the case and in law, the ld. CIT (Appeals) has grossly erre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ewellery found and inventorised from the aforesaid locker, in the statement of oath of Smt. Geeta Dalal on 03.10.2017, she stated that the gold jewellery belongs to her daughter Ms. Kanan Dalal. During the course of assessment proceedings, the assessee vide submission dated 18.11.2019 submitted the "confirmation letter" of the Ms. Kanan Dalal, her daughter, who had settled in UK stating that the gold jewellery belonged to her and her family members. However, the Assessing Officer noted that no supporting evidence was submitted for the source of acquisition of jewellery. The Assessing Officer noted that the said locker was frequently operated by Smt. Geeta Dalal and therefore, the presumption is that the gold jewellery belonged to Smt. Geeta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mains unexplained due to the absence of supporting documentary evidence. Further, the case laws relied upon by the legal heir of the appellant are clearly distinguishable on the facts of the case, as discussed herein above. Therefore, the action taken by the AO to make an addition for the unexplained jewellery in the hands of the appellant is justified. Accordingly, addition of Rs. 6,16,620/- is confirmed. Ground of appeal no.1 is dismissed." 5. The assessee is in appeal before us against the aforesaid order passed by Ld. CIT(A). 6. The Counsel for the assessee drew our attention to Page 9 of the Paper Book viz. statement of the assessee under Section 132(4) of the Act, wherein at the time of search itself, the assessee had submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the instant case, we observe that it is an undisputed fact that the locker was in the joint name of the assessee and her daughter. At the time of search itself, the assessee had given a categorical statement that the jewellery in the said locker belonged to her daughter, who was now a resident of UK. The daughter of the assessee had also filed an Affidavit dated 18.11.2019 stating that the jewellery seized from the locker belonged to her and that the same was received from her parents and relatives at the time of her marriage, on the occasion of birth of her children and on other occasion etc. We observe that nothing has been brought on record to dispute the veracity of the statement of the assessee or the contents of the Affidavit filed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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