NITA PURI,DELHI vs. DCIT, CENTRAL CIRCLE-20, DELHI, JHANDEWALAN EXTENSION, NEW DELHI

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ITA 3853/DEL/2023Status: DisposedITAT Delhi12 August 2026AY 2020-217 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision to partly sustain the addition on unexplained cash, dividing it among four family members and allowing a reasonable allowance. For the jewellery, the Tribunal deleted the addition, considering the family's eligibility for rebate under CBDT Circular No. 1916 and the family's status.

What were the facts?

During a search, unexplained cash of Rs. 12,70,500/- was found. The assessee claimed it belonged to the family for household contingencies. Additionally, jewellery weighing 2335.93 grams was found, which the assessee claimed was inherited and acquired over years by family members.

What were the issues?

Whether cash found during search is unexplained income of the assessee, and whether jewellery found during search is to be treated as unexplained income considering family members' entitlements under CBDT circular.

Which sections of the Income-tax Act were involved?

Section 69A,Section 115BBE

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “E’’ : NEW DELHI

Before: SHRI MAHAVIR SINGH & SHRI KRINWANT SAHAY

For Appellant: Adv. & Ms. Priyanka Garg, CA &
For Respondent: Dr. Rajinder Kaur, CIT(DR)
Hearing: 05.08.2026Pronounced: 12.08.2026

per unmarried lady and 100 grams per male member of the family. It transpires from

records that assessee’s husband Late Mr. Deepak Puri was a founder, Chairman and

Managing Director of Moser Baer Group and her son Mr. Ratul Puri is the Chairman of

the Board of Directors of Hindustan Power Projects. The assessee hails from a well to

do family having high level of status in the society/community. It is not disputed that the

assessee being the senior most female member being mother / mother-in-law

/grandmother to keep the jewelleries belonging to the whole family with her for safe

custody, which belonged to the entire family who were residing at same premises,

acquired over the several years on various family occasions. It is noted that Ld. CIT(A) in

para 5.2 of his order has himself accepted that at the time of search 4 adult members

were occupying the searched premises. We find considerable cogency in the contention

of the Assessee that in view of the CBDT’s Circular No. 1916 (supra) the assessee and

her family is already eligible for benefit upto 2150 grams of jewellery since her family

to whom the jewellery pertained included 3 married female, 1 unmarried female and 4

adult male members. In view of the above background and keeping in view CBDT’s

Circular No. 1916 dated 11.5.1994 and taking into account the family status of the

assessee and her family, in our considered view, the addition sustained on account of

jewellery deserve to be deleted, thus, the same is deleted and accordingly, the ground

raised by the assessee is allowed.

13.

In the result, the appeal of the assessee is partly allowed.

Order pronounced in the Open Court on 12.08.2026.

SD/- SD/-

(KRINWANT SAHAY) (MAHAVIR SINGH) ACCOUNTANT MEMBER VICE PRESIDENT SRBhatnagar Date: 12-08-2026 Copy forwarded to: - 1. Appellant 2. Respondent 3. DIT 4. CIT (A) 5. DR, ITAT TRUE COPY By Order,

Assistant Registrar, ITAT, Delhi Bench

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