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2019 (7) TMI 1900

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..... CIT(A) was not justified in confirming this addition to the extent of 200 gms. jewellery in the hands of the assessee, because the entire jewellery belong to the wife of the assessee as per the statement of the son of the assessee. Therefore Ground Nos. 1 and 2 are allowed. Unexplained cash - As the assessee and his wife are senior citizens who required medical attention at any instance and .....

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..... ewellery found in the search. 2. That in any case and in any view of the matter, action of Ld. CIT(A) in confirming the action of Ld. AO in making an addition of ₹ 10,22,435/- is bad in law and against the facts and circumstances of the case. 3. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in upholding the action of the L .....

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..... e the search was conducted on 09.05.2012. In response with the same notice, the assessee filed his return of income, duly verified and signed as per the provisions of section 140 of the Act. A total income of ₹ 6,14,370/- plus agricultural income of ₹ 1,00,000/- was filed as return of income on 07.07.2014. Notices u/s 143(2) and 142(1) along with a questionnaire were issued to the asse .....

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..... see s wife and not of assessee. The assessing officer also made addition of ₹ 50,000/- as unaccounted cash. 4. Being aggrieved by the assessment order the assessee filed appeal before the CIT(A). The CIT(A) partly allowed the appeal of the assessee. 5. The Ld. AR submitted that the jewellery found during search and seizure operation belongs to wife of the assessee which can be clearly .....

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..... of the assessee and not belong to the assessee. Thus, the said jewellery cannot be added in the income of the assessee. The CIT(A) was not justified in confirming this addition to the extent of 200 gms. jewellery in the hands of the assessee, because the entire jewellery belong to the wife of the assessee as per the statement of the son of the assessee. Therefore Ground Nos. 1 and 2 are allowed. A .....

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