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2018 (5) TMI 586 - AT - Income TaxUnexplained jewellery - Addition on account of gold and silver ornaments/ articles over and above permitted by CBDT’s Instruction No. 1916 - search & seizure operation - Held that:- The excess jewellery found in the case of assessee, his parents, his wife, their children and the HUF was very nominal, and was very much reasonable, keeping in mind the riches and high status and more customary practices. The assessee’s explanation is justified and reasonable. Her contention that the gold jewellery was acquired through gifts made by relatives and other family members over a long period of time, is in keeping with prevailing customs and habits. The obdurate refusal of the respondents to release the jewellery constitutes deprivation of property without lawful authority and is contrary to article 300A of the Constitution of India. The petition has to succeed; a direction is issued to the income tax authority to release the jewellery. See Ashok Chadha vs. ITO [2011 (7) TMI 142 - DELHI HIGH COURT] and Suneela Soni Versus DCIT [2018 (3) TMI 1038 - ITAT DELHI] - Decided in favour of assessee
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