VINOD KUMAR BHATIA,FARIDABAD vs. ACIT CENTRAL CIRCLE 25, NEW DELHI

ITA 3264/DEL/2025Status: DisposedITAT Delhi04 February 2026AY 2018-19Bench: SHRI MAHAVIR SINGH (Vice President)1 pages
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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?

Section 69A,Section 143(3)

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

Before: SHRI MAHAVIR SINGH

For Appellant: Shri Mahir Aggarwal, Adv, Shri Shailesh Gupta, Adv, Shri Madhur Aggarwa, Adv, Ms. Ankush Kalra, Sr. DR
For Respondent: Ms. Ankush Kalra, Sr. DR
Hearing: 02.02.2026Pronounced: 02.02.2026

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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