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2021 (10) TMI 657 - AT - Income TaxAddition u/s 69A r.w.s. 115BBE - Unexplained jewellery found from the locker - assessee was unable to explain the source of jewellery found from the locker maintained with Union Bank of India - assessee was stating that the jewellery found from the locker was belonging to the assessee Chhabi Anand, her husband Mr. Shail Anand, her minor son Tarush Anand, unmarried sister-in-law Ms. Shikha David and Late mother-in-law Sobha David - HELD THAT:- The submission of the assessee before the lower authorities that the address of Ms. Shikha David, the unmarried sister-in-law of the assessee is the same as that of the assessee has not been controverted. Merely because the husband of the assessee did not mention the name of Ms. Shikha David in his statement recorded u/s 132(4) in my opinion cannot be a ground to disregard the contention of the assessee that Ms. Shikha David was staying with her in the house belonging to her mother Shikha David who is the mother-in-law of the assessee. There is no evidence on record brought by the Revenue that Ms. Shikha David who is unmarried at the relevant time was staying elsewhere and not at her parental property. Under these circumstances, the affidavit of Shikha David stating that jewellery weighing 468.260gms which was kept by her in locker of her sister-in- law for safe custody cannot be brushed aside, especially when the entire family doesn’t have any other locker. Affidavit of the husband and sister-in-law of the assessee stating that jewellery weighing 442.344gms belonging to their late mother Mrs. Sobha David i.e. mother-in-law of the assessee was rejected by the learned CIT(A) on the ground that there is no credible or reliable documentary evidence - there cannot be any credible or reliable evidence except the affidavit of the children of the deceased person in such cases. Although, it may not be accepted in toto however the same also cannot be rejected in toto. Therefore, considering the CBDT instruction/circular 1916 dated 11.05.1996 if the benefit of 500gms of every married woman, 250gms for unmarried woman and 100gms jewellery for every male member of the family is allowed then entire jewellery found from the locker stands explained. - Decided in favour of assessee.
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