VINOD KUMAR BHATIA,FARIDABAD vs. ACIT CENTRAL CIRCLE 25, NEW DELHI
What did the Tribunal hold?
The Tribunal noted that the CBDT Circular No. 1916 dated May 11, 1994, allows certain limits of jewellery per family member to be considered explained. The Tribunal cited various High Court rulings supporting this circular. Since the revenue did not rebut this presumption, the jewellery was treated as explained.
What were the facts?
During a search on October 5, 2017, the assessee was found to possess jewellery from their residence and a bank locker. The Assessing Officer (AO) treated this jewellery as unexplained and added its value to the assessee's income. The Commissioner of Income Tax (Appeals) confirmed the AO's action.
What were the issues?
Whether the jewellery found during the search and not explained by the assessee to the AO is to be added to the total income, considering the provisions of CBDT Circular No. 1916 and subsequent High Court judgments.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Ratanlal Vyaparilal Jain113 citing339 ITR 351 · 2011 · HC
- Pati Devi v. ITO27 citing240 ITR 727 · 1999 · HC
Income Tax Appellate Tribunal, DELHI BENCH, ‘E’: NEW DELHI
Before: SHRI MAHAVIR SINGH
PER MAHAVIR SINGH, VP,
This appeal by the assessee is arising out of order of learned Commissioner of Income Tax (Appeals)-29, New Delhi [hereinafter referred to as ‘ld. CIT(A)] in appeal No.CIT(A), Delhi-29 10322/2019-20 order dated 26.03.2025. Assessment was framed by ACIT, Central Circle-25, New Delhi, under section 143(3) of the Income Tax Act, 1961(hereinafter referred to as ‘the Act’) vide his order dated 26.12.2019, for the Assessment Year 2018-19. 2. The only issue in this appeal is as regards to the order of the ld. CIT(A)
confirming the action of the
The order continues below.
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