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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

Deputy Commissioner of Income Tax, Centre-Circle-6(4), Mumbai-400021 vs. Shri Saurabh Mittal, New Delhi

In the result, the appeal filed by the revenue is dismissed and both the appeals filed by the assessee are dismissed as infructuous

ITA 1435/MUM/2022[2014-15]Status: DisposedITAT Mumbai31 Oct 2022AY 2014-15

Bench: Shri Amit Shukla, Jm & Shri M Balaganesh,Am आयकरअपीलसं./ I.T.A. No.1435/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2014-15) Deputy Commissioner Of Shri. Saurabh Mittal A-19, House No.A-01, A-32, Income Tax, Centre- Westend, New Delhi-110 021 Circle-6(4) बिधम/ Room No. 1925, 19Th Vs. Floor, Air India Building, Nariman Point, Mumbai- 400 021 स्थायीलेखासं./जीआइआरसं./ Pan No Anapm2488D (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : आयकरअपीलसं./ I.T.A. No.334 & 333/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2014-15 & 2015-16) Shri. Saurabh Kumar Deputy Commissioner Of Mittal Income Tax, Centre-Circle- Room No.543, 5Th Floor, बिधम/ 6(4) Ayankar Bhavan, Room No. 1925, 19Th Floor, Vs. M.K.Road, Air India Building, Nariman Mumbai-400 020. Point, Mumbai-400 021 स्थायीलेखासं./जीआइआरसं./ Pan No Anapm2488D (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Jitendra Joshi, Ld. Ar प्रत्यथीकीओरसे/Respondent By : Shri. A. B. Koli, Ld. Dr सुनवाईकीतारीख/ : 25.08.2022 Date Of Hearing घोषणाकीतारीख / : 31.10.2022 Date Of Pronouncement

For Appellant: Shri Jitendra Joshi, Ld. ARFor Respondent: Shri. A. B. Koli, Ld. DR
Section 132Section 132(4)Section 143(3)Section 153Section 153ASection 153CSection 3Section 69A

153C of the Act. The precondition for issuing notice u/s 153C is existence of satisfaction note. The AO has recorded the satisfaction note about unexplained jewellery. In the assessment order u/s 153C AO has not made any addition in respect of undisclosed/unaccounted jewellery as referred in the satisfaction note. However