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2019 (1) TMI 469 - AT - Income TaxAssessment u/s 153A - Unexplained investment in jewellery - Jewellery recovered from her locker belong to other individuals - benefit of circular of CBDT Instruction No.1916 prescribes the limit that “gold jewellery and ornaments to the extent of 500 grams per married lady, 2520 grams per unmarried lady and 100 grams per male member of the family - Held that:- CIT(A) gave benefit of CBDT circular to the extent of 700 gms. only. Rest of the addition was sustained. It is undisputed that before A.O., the assessee had stated that the jewellery recovered from her locker belong to other individuals. A.O. rejected the contention on the basis that no return was being filed. No documentary evidence was submitted in respect of gifts, etc. No evidence was produced to prove that jewellery is related to other individuals namely Smt. Mandakini Roy and Smt. Mansi Roy Srivatsav. A.O. ought to have made enquiry from other persons. No such enquiry was made. Ld. CIT(A) also in a mechanical manner without conducting any enquiry from the other members of the family proceeded to give benefit to the extent of 700 gms. only. A.O. ought to have made enquiries from the other persons. In the absence of such enquiry, in our view, addition so made is not justified. It is also common practice in Indian household that ladies share their locker for storing ornaments with other family members. The jewellery is received in the form of gift, then the A.O. should have atleast made enquiries from the persons from whom such gift was received. Therefore, considering the totality of the facts, addition made by the A.O. is not sustained. We direct the A.O. to give benefit of the circular of CBDT and delete the addition. Grounds raised in this appeal are allowed.
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