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“unexplained jewellery”

Cash Credits & Unexplained ItemsSection 69ASection 69A324 judgments

The decision most relied on for unexplained jewellery is Ashok Chaddha v. ITO (337 ITR 399), cited in 252 judgments on BharatTax.

Leading authorities on unexplained jewellery

Ashok Chaddha v. ITO
337 ITR 399 · 2011 · High Court
252
citing judgments

In search assessments under section 153A, a notice under section 143(2) is not required if a notice under section 153A(1)(a) has been issued. Modest or customary jewellery, commensurate with age and status, found during a search, especially if it is 'Stridhan' or falls within CBDT guidelines, cannot be added as unexplained income.

CIT v. Ratanlal Vyaparilal Jain
339 ITR 351 · 2011 · High Court
113
citing judgments

Jewellery found within the CBDT prescribed limits (500g for married women, 250g for unmarried women, 100g for men) cannot be seized, even if not fully explained. However, its value can be added as undisclosed income under Section 69B if the taxpayer fails to prove its source.

Smt. Neena Syal v. ACIT
70 ITD 62 · 1999 · ITAT
39
citing judgments

Disallowance of expenses cannot be made if their genuineness is not challenged. For unexplained money, possession of gold jewellery by married ladies up to 500 grams is considered explained.

Chadha v. ITO
202 Taxmann 395 · 2011 · High Court
37
citing judgments

Jewellery found during a search that is adequately explained as being owned by a married lady for a long time, even without documentary evidence, should not be added to income, as this recognizes realities of life.

CIT v. Satya Narain Patni
46 Taxmann.com 440 · 2014 · High Court
33
citing judgments

Jewellery found in possession, to the extent permitted by Instruction No. 1916 (which exempts up to 100 gms of gold for unmarried male members), cannot be treated as an undisclosed investment.

Revenue. In Asstt.CIT v. Ramesh Chandra R. Patel
89 ITD 203 · 2004 · ITAT
32
citing judgments

Jewellery within prescribed limits, especially that received during marriage, is presumed explained even if found during a search, based on CBDT instructions. The revenue cannot treat such jewellery as unexplained income simply because it was found.

Pati Devi v. ITO
240 ITR 727 · 1999 · High Court
27
citing judgments

Jewellery up to prescribed limits (e.g., 500 grams for a married lady, 100 grams for a male member, as per CBDT Instruction No. 1916) is presumed to be explained. The revenue must rebut this presumption to treat such jewellery as unexplained.

449 (Madras), Sterling Machine Tools v. CIT
122 ITR 926 · High Court
22
citing judgments

Unexplained jewellery found during a search can be added to income, even if the assessee claims it was received back against purchase bills, especially when part of the unaccounted cash is deposited in the bank.

Judgments citing unexplained jewellery

Bhaveshbhai Amulakhbhai Sonani, Surat vs. DCIT, Central Circlle-3, Surat

In the result, the grounds of appeal raised by the assessee are allowed

ITA 118/SRT/2022[2018-19]Status: DisposedITAT Surat17 Jul 2023AY 2018-19

Bench: Shri Pawan Singhआ.अ.सं./Ita No.118/Srt/2022 (Ay 2018-19) (Hearing In Physical Court) Bhaveshkumar Deputy Commissioner Of Amulakhbhai Sonani, A- Income-Tax, Central Vs 604, Sai Residency, Near Circle-3, Surat, 5Thfloor, Gajera School, Katargam, Aayakar Bhavan, Majura Surat-395004 Gate, Surat-395001 Pan No: Apsps 0912 G अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Ms. Chaitali Shah, Ca राज"व क" ओर से /Revenue By Shri Ashok B. Koli, Cit-Dr सुनवाई की तारीख/Date Of Hearing 03.05.2023 उ"घोषणा क" तार"ख/Date Of 17.07.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-4, Surat [For Short To As “Ld. Cit(A)”] Dated 03.03.2022 For Assessment Year 2018- 19, Which In Turn Arises From The Addition Made By The Assistant Commissioner Of Income-Tax, Central Circle-3, Surat / Assessing Officer In Assessment Order Passed Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 28.12.2019. The Assessee Has Raised The Following Ground Of Appeal:- Bhaveshkumar A Sonani “1. On The Facts & Circumstances Of The Case & In Law, The Learned Cit(A) Has Grossly Erred In In Making An Addition Of Rs.16,32,732/- U/S 69A Of The Act Treating The Jewellery Found & Seized During The Cruse Of Search As Unexplained, On Erroneous Grounds Without Appreciating That The Same Is Fully Reflected In The Appellant’S & His Family Member’S Regular Books Of Accounts. Hence, The Impugned Addition As Confirmed By The Learned Cit(A) Needs To Be Deleted As Being Absolutely Erroneous, Incorrect, Illegal & Bad-In-Law.

Section 115BSection 132Section 143(3)Section 254(1)Section 69A

Assessing Officer recorded that no evidence was furnished and in the absence of evidence, the Assessing Officer made addition of Rs.16,32,732/- as unexplained jewellery under section 69A of the Act and brought the same to tax under section 115BBE of the Act. 3. Aggrieved by the addition