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2016 (12) TMI 1001 - ITAT MUMBAIAddition of sale proceeds of old jewellery - Held that:- In the instant case, the assessee has furnished the copies of sales bills of gold ornaments and has also explained the reason, which compelled the assessee to sell the jewellery. The assessee has also furnished a copy of confirmation letter given by him to M/s Shreeji Art Jewellers, being one of the buyers, whose PAN no. is stated as BWOPS 0889 N. The photocopy of PAN card was also furnished. Hence it is not understandable as to how the Inspector could not find the shop, when the assessee has furnished PAN No. of M/s Shreeji Jewellers. Assessee has also furnished a confirmation letter obtained from his father-in law/mother-in-law certifying the details of gold ornaments given at the time of marriage. Since the assessee is a salaried employee, he did not maintain regular books of accounts. Thus the assessee has discharged the primary responsibility placed upon him u/s 68 of the Act. On the contrary, the AO has claimed to have conducted enquiries through Inspector, but the same was not provided to the assessee. We have also noticed that the alleged enquiry conducted by the Inspector is found to be deficient. Hence we are of the view that the assessing officer has not discharged the responsibility shifted upon his shoulders. - Decided in favour of assessee
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