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Income Tax - Highlights / Catch Notes

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Addition of excess jewellery found in search - The Court ...


Court Clarifies CBDT Instruction 1916: Applies Only at Seizure Stage, Not Assessment; Alternative Remedies Available.

May 13, 2024

Case Laws     Income Tax     HC

Addition of excess jewellery found in search - The Court interpreted CBDT Instruction 1916 and emphasized that it pertains to the seizure stage and does not dictate assessment procedures. It allows discretion to exclude larger quantities of jewellery from seizure based on factors like family status and community customs. Since the circular is applicable only during the seizure stage, the Court ruled that the respondent's failure to follow it during assessment does not warrant interference. The Court reminded the petitioner of the availability of an alternate remedy before the Appellate Commissioner u/s 246A of the Income Tax Act.

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