KAVITA SINGH (PROP OF REFLECTIONS), MUMBAI V. DCIT CEN CIR 42, MUMBAI

ITA 1242/MUM/2012

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 7961 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-12-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 26-02-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 23-02-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RAM TIWARI LD
• Assessee Lawyers: J D MISTRY; MADHUR AGGARWALLD ARS
• Keywords: Bogus purchase; Gift; Rectification of order; Corroborative evidences
• Section: 143(3); 69; 154

Judgement Text

ITA NO.1242/MUM/2012 KAVITA SINGH ASSESSMENT YEAR 2008-09 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI , , BEFORE SHRI MAHAVIR SINGH, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NO. 1242/MUM/2012 ( / ASSESSMENT YEAR: 2008-09) KAVITA SINGH (PROP. OF REFLECTIONS) 1001, DALAMAL HOUSE 10 TH FLOOR NARIMAN POINT MUMBAI 400 021 / VS. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 42 AAYKAR BHAVAN M.K.ROAD MUMBAI-400 020 ./ ./PAN/GIR NO. ANDPS-0896-C ( /APPELLANT ) : ( !' / RESPONDENT ) ASSESSEE BY : J.D.MISTRY & MADHUR AGGARWAL,LD. ARS REVENUE BY : RAM TIWARI, LD. DR / DATE OF HEARING : 06/10/2017 / DATE OF PRONOUNCEMENT : 08/12 /2017 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. THE CAPTIONED APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [AY] 2008-09 CONTEST THE ORDER OF LD. COMMISSIONER OF IN COME-TAX (APPEALS)-38 [CIT(A)], MUMBAI, APPEAL NO. CIT(A)-38/IT-499/2009-10 ITA NO.1242/MUM/2012 KAVITA SINGH ASSESSMENT YEAR 2008-09 2 DATED 19/12/2011 QUA CONFIRMATION OF ADDITION OF RS.208.95 LACS ON ACCOUNT OF UNEXPLAINED PAINTINGS AND RS.37.01 LACS ON ACCOUNT OF UNEXPLAINED JEWELLERY. THE ASSESSMENT FOR IMPUGNED AY WAS FRAMED BY LD. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRC LE-42, MUMBAI [AO] ON 30/12/2009 U/S 143(3) READ WITH SECTION 153B OF THE INCOME TAX ACT, 1961. 2.1 BRIEFLY STATED, THE ASSESSEE BEING RESIDENT INDIVIDUAL ENGAGED IN THE BUSINESS OF SALE OF PAINTING / ARCHIVES / INTERIOR DESIGNING UNDER PROPRIETORSHIP CONCERN NAMELY M/S REFLECTIONS, WAS ASSESSED FOR IMPUGNED AY U/S 143(3) READ WITH SECTION 153B CONSEQUENT TO SEARCH ACTION ON 17/04/2007 ON ACG ART GROUP , THE ASSESSEE BEING PART OF THE SAID GROUP. 2.2 TO LD. AO NOTED THAT ACG ART GROUP WAS ONE OF THE MULTI LOCATIONAL ORGANIZATIONS BELONGING TO A BUSINESS GROUP IN MUMB AI. THE GROUP DEALT IN MANUFACTURING OF GELATIN CAPSULES AND ALSO TRADED IN PAINTING AND SCULPTORS UNDER ITS CONCERNS NAMELY ACG ART & PROPERTIES PVT. LTD. & M/S REFLECTION. THE ASSESSEE IS PROPRIETRESS OF M/S REFLECTION WHO DEALS IN TRADING OF PAINTING / SCULPTORS . 2.3 IT WAS FURTHER NOTED THAT THE GROUP HAD MANUFAC TURING UNIT AT KANDIVALI AND CARRIED ON TRADING ACTIVITY OF ARTWORK FROM IT S OFFICES LOCATED AT JOGESHWARI & NEPEAN SEA ROAD, MUMBAI. THE VARIOUS LOCATIONS OF THE GROUP AND RESIDENCE OF ITS DIRECTORS / MEMBERS WERE SUBJECTED TO SEARCH ACTION ON 17/04/2007 WHERE IT W AS FOUND THAT THE GROUP INDULGED IN PROCURING BOGUS PURCHASE BILLS OF PAINTINGS. FURTHER, UNACCOUNTED PAINTING TOTALING 288 IN NUMBER VALUED AT RS.999.20 LACS ITA NO.1242/MUM/2012 KAVITA SINGH ASSESSMENT YEAR 2008-09 3 WERE FOUND / INVENTORIZED DURING SEARCH OPERATIONS OUT OF WHICH 71 PAINTING WERE PUT UNDER CONSTRUCTIVE SEIZURE U/S 13 2(1)(III). 2.4 THE ASSESSEE FILED HER RETURN OF INCOME FOR IMP UGNED AY ON 29/09/2008 AT RS.22.66 LACS WHICH WAS FINALLY ASSES SED ON 30/12/2009 AT RS.293.43 LACS AFTER ADDITION OF RS.41.81 LACS O N ACCOUNT OF UNEXPLAINED JEWELLERY AND RS.228.95 LACS ON ACCOUNT OF UNACCOUNTED PAINTINGS. THE ADDITION OF UNEXPLAINED PAINTINGS HA S BEEN FURTHER ENHANCED TO RS.244.95 LACS VIDE RECTIFICATION ORDER U/S 154 DATED 25/03/2010 SINCE COMPUTATIONAL ERRORS WERE NOTED IN THE QUANTUM ASSESSMENT. BOTH THE ADDITIONS ARE THE SUBJECT MATT ER OF THIS APPEAL. 2.5 THE UNACCOUNTED JEWELLERY FOR RS.41.81 LACS CON SIST OF EXCESS GOLD JEWELLERY FOUND DURING SEARCH WEIGHING AROUND 3566.30 GRAMS VALUED AT RS.25.27 LACS & EXCESS DIAMOND JEWELLERY WEIGHING AROUND 106.90 GRAMS, 15.510 CARAT VALUED AT RS.16.53 LACS. 2.6 THE ASSESSEE PRODUCED VARIOUS EVIDENCES TO DEMO NSTRATE THE DATE / COST ACQUISITION OF THE PAINTINGS. HOWEVER, NOT C ONVINCED, LD. AO REJECTED THE EVIDENCES SUBMITTED BY THE ASSESSEE WI TH RESPECT TO CERTAIN PAINTINGS VALUED AT RS.244.95 LACS, THE DETAILS OF WHICH HAS BEEN PROVIDED IN THE ANNEXURE ATTACHED TO QUANTUM ASSESS MENT ORDER AND ADDED THE SAME TO THE INCOME OF THE ASSESSEE. 3. AGGRIEVED, THE ASSESSEE CONTESTED THE SAME WITH PARTIAL SUCCESS BEFORE LD. CIT(A) VIDE IMPUGNED ORDER DATED 19/12/2 011. THE ASSESSEE RE-SUBMITTED THE VARIOUS EVIDENCES TO PROVE THE YEA R, COST AND SOURCE OF ACQUISITION OF THE PAINTING IN THE FOLLOWING MANNER :- ITA NO.1242/MUM/2012 KAVITA SINGH ASSESSMENT YEAR 2008-09 4 NO. NO. OF PAINTINGS VALUE REMARKS 1. 1 20 LACS SUPPORTED BY PANCHNAMA OF EARLIER SEA RCH CONDUCTED ON 14/12/2001 2. 2 30 L ACS RECEIVED AS GIFT 3. 10 146.75 LACS ACQUIRED PRIOR TO BLOCK PERIOD FR OM 01/04/2001 TO 31/03/2008 AND DULY SUPPORTED BY BILLS & CHEQUE PAYMENT 4. 7 33 LACS PAINTING RECEIVED ON CONSIGNMENT BASIS 5. 7 10.60 LACS LOW VALUE PAINTINGS 6. 3 0.60 LACS ONLY PRINTS AND NOT ACTUAL PAINTINGS 7. 1 4.00 LACS SUPPORTED BY LETTER DATED 29/04/2008 THE ASSESSEE CONTENDED THAT SINCE SOURCE OF ACQUISI TION OF EACH ITEM WAS FULLY EXPLAINED, ADDITION THEREOF U/S 69 WAS NO T JUSTIFIED. HOWEVER, LD. CIT(A) NOTED THAT NO CONFIRMATORY LETTERS CONFI RMING THE GIFT COULD BE PRODUCED BY THE ASSESSEE. THE LD. CIT(A) ALSO NOTED DISCREPANCIES IN THE STATEMENT GIVEN BY THE ASSESSEE DURING SEARCH O PERATIONS VIS--VIS DOCUMENTARY EVIDENCES AVAILABLE ON RECORD AND GRANT ED PARTIAL RELIEF AGAINST PAINTING LISTED AT SERIAL NUMBER 1 OF THE A BOVE TABLE WHICH WAS VALUED AT RS.20 LACS SINCE THE SAME WAS HELD BY THE ASSESSEE AT THE TIME OF EARLIER SEARCH OPERATIONS CONDUCTED UPON AS SESSEE DURING JANUARY, 2002 AND CONFIRMED THE BALANCE ADDITIONS. A PARTIAL RELIEF TO THE EXTENT OF 676.60 GRAMS OF GOLD JEWELLERY WAS ALSO G RANTED TO THE ASSESSEE WHICH RESTRICTED THE IMPUGNED ADDITIONS AG AINST JEWELRY TO RS.37,01,558/-. AGGRIEVED, THE ASSESSEE IS IN FURTH ER APPEAL BEFORE US. 4. THE LD. COUNSEL FOR ASSESSEE [AR], DRAWING OUR A TTENTION TO THE DOCUMENTS PLACED IN THE PAPER BOOK CONTENDED THAT THE ASSESSEE PRODUCED CERTAIN EVIDENCES BEFORE LOWER AUTHORITIES TO DEMONSTRATE THAT THE PAINTINGS IN DISPUTE WERE ACQUIRED BY THE ASSES SEE LONG TIME BACK AND FEW PAINTINGS WERE RECEIVED EITHER IN GIFTS OR KEPT WITH THE ASSESSEE BY ARTIST ON SALE ON APPROVAL BASIS AND THEREFORE, ADDITIONS THEREOF WAS ITA NO.1242/MUM/2012 KAVITA SINGH ASSESSMENT YEAR 2008-09 5 NOT JUSTIFIED. PER CONTRA, LD. DR CONTENDED THAT THE ASSESSEE COULD NOT DISCHARGE THE ONUS OF PROVING THE SOURCE OF PAINTIN GS WITH COGENT EVIDENCES AND THEREFORE, ADDITIONS WERE JUSTIFIED. 5. WE HAVE CAREFULLY HEARD THE RIVAL CONTENTIONS AN D PERUSED RELEVANT MATERIAL ON RECORD. WE FIND THAT THE ASSESSEE HAS S UFFERED AGGREGATE ADDITION OF RS.244.95 LACS AGAINST 31 NUMBER OF PAI NTINGS WHICH ARE LISTED IN ANNEXURE ATTACHED WITH THE QUANTUM ASSESS MENT ORDER. THE LD. CIT(A) HAS ALREADY ALLOWED RELIEF WITH RESPECT TO O NE PAINTING LISTED AT SERIAL NO. 1 IN THE ABOVE TABLE AND VALUED AT RS.20 LACS. HENCE, THE DISPUTE BEFORE US IS WITH RESPECT TO 30 PAINTING VA LUED AT RS.224.95 LACS, EACH OF WHICH WE SHALL DEAL IN SUBSEQUENT PAR AGRAPHS. 6. THE PAINTING LISTED AT SERIAL NO. 2 CONSISTS OF TWO PAINTINGS VALUED AT RS. 5 LACS & RS. 25 LACS RESPECTIVELY. THESE PAI NTINGS WERE FOUND AT SWAPNALOK AND CRAFTED BY AN ARTIST NAMELY ANJOLI ELA MENON. THE DOCUMENTARY EVIDENCES INCLUDING PHOTOGRAPHS OF THE PAINTINGS HAVE BEEN PLACED AT PAGE NUMBERS 44 TO 49 OF THE PAPER BOOK. THESE PAINTING ARE STATED TO BE RECEIVED BY THE ASSESSEE AS GIFT ON VARIOUS OCCASIONS FROM THE ARTIST. A PERUSAL OF THE INSCRIP TION ON THE REVERSE OF THESE PAINTING CORROBORATE THE STAND OF THE ASSESSE E SINCE THE ARTIST, PRIMA FACIE, HAS GIFTED THESE PAINTING TO THE ASSESSEE ON THE OC CASION OF NEW YEAR AND MARRIAGE ANNIVERSARY AND THE SAME BEARS THE SIGNATURES OF THE ARTIST. THE FACTUM OF THE GIFT HAS BEEN INSCRIBED BY THE ARTIST AT TH E BACK OF THESE PAINTINGS. IN OUR CONSIDERED OPINION, THE SEIZED MATERIAL, IN ITSELF, BECOMES EVIDENCE SUPPORTING THE STAND OF THE ASSESSEE. HENCE, ADDITION THEREOF WAS NOT JUSTIFIED AND THE S AME STAND DELETED. ITA NO.1242/MUM/2012 KAVITA SINGH ASSESSMENT YEAR 2008-09 6 7. THE DETAILS OF TEN PAINTING LISTED AT SERIAL NO. 3 VALUED AT RS.146.75 LACS IS AS FOLLOWS: THE ASSESSEE, IN THE PAPER BOOK, HAS PLACED VARIOUS DOCUMENTARY EVIDENCES TO SUPPORT THE CONTENTIONS THAT THESE PAI NTING WERE ACQUIRED BY THE ASSESSEE LONG TIME BACK IN EARLIER ASSESSMEN T YEARS IN THE FOLLOWING MANNER:- NO. LOCATION & VALUATION REF. NO. ARTIST NAME TITLED MEDIUM SIZE VALUE 1. DALAMAL 8 JEHANGIR JANI PLAYING RANGOLI OIL ON CANVAS 60X70 6,00,000/- 2. SCITECH 58 SHUBHAM KAW TWO TREE TRUNKS 47.5X35 10,00,000/- 3. REFLECTIONS 60 UNKNOWN (PROF. CAPT. G.SOLOMAN) SYBIL OIL ON CANVAS 20.5X15.5 10,00,000/- 4. REFLECTIONS 22 NANDALAL BOSE MAN PRAYING IN WATER WATER COLOUR 8.5X18 1,75,000/- 5. BRIGHTON 37 SHANTI DAVE UNTITLED MIX. MEDIA ON CANVAS 31.5X16 5,00,000/- 6. SWAPNALOK 1 M.F.HUSSAIN MOTHER TERESSA OIL ON CANVAS 36X30 40,00,000/- 7. SWAPNALOK 2 JAMINI ROY UNTITLED SILK CLOTH 42X9.5 8,00,000/- 8. SWAPNALOK 5 K.H.ARA NUDE WATER COLOUR 27X20 6,00,000/- 9. SWAPNALOK 7 A.R.CHUGTA LADY HOLDING JUG WATER COLOUR 20X14 30,00,000/- 10. SWAPNALOK 8 A.R.CHUGTA LADY & MUSIC INSTRUMENT WATER COLOUR 20X14 30,00,000/- TOTAL 1,46,75,000/ - NO. LOCATION & VALUATION REF. NO. ARTIST NAME SUPPORTING EVIDENCES 1. DALAMAL 8 JEHANGIR JANI RECEIPT DATED 21/02/1994 CHEQUE NO. 831487 DATED 21/02/1994 2. SCITECH 58 SHUBHAM KAW BILL NO. 11 DATED 24/01/1993 3. REFLECTIONS 60 UNKNOWN (PROF. CAPT. G.SOLOMAN) BI LL NO. 162 DATED 15/10/1997 FOR RS.3000/- 4. REFLECTIONS 22 NANDALAL BOSE CONFIRMATION DATED 02/01/1998, PAYMENT THOUGH DD NO. 128906 DATED 02/01/998 5. BRIGHTON 37 SHANTI DAVE BILL NO. 38 DATED 12/11/199 2 FOR RS.5000/- 6. SWAPNALOK 1 M.F.HUSSAIN PAYMENT THROUGH CHEQUE DAT ED 16/01/1988 & 08/02/1988 AGGREGATING TO RS.18500/- 7. SWAPNALOK 2 JAMINI ROY EVIDENCED BY PHOTOGRAPH DAT ED 16/08/1996 SHOWING PAINTING IN THE BACKGROUND 8. SWAPNALOK 5 K.H.ARA RECEIPT DATED 20/04/1977 FOR R S.850/- SUPPORTED BY INTERNAL MEMO DATED 27/04/1977 ITA NO.1242/MUM/2012 KAVITA SINGH ASSESSMENT YEAR 2008-09 7 THE PERUSAL OF THESE DOCUMENTARY EVIDENCES AS PLACE D IN THE PAPER BOOK SUPPORT THE STAND OF THE ASSESSEE THAT THESE PAINTI NGS WERE ACQUIRED BY THE ASSESSEE MUCH PRIOR IN EARLIER YEAR S AND THE REVENUE HAD NO JUSTIFICATION TO ADD THE SAME. THE ASSESSEE, PRIMA FACIE DISCHARGED THE PRIMARY ONUS OF PROVING THE SOURCE O F THESE PAINTING AND THE ONUS WAS SHIFTED ON REVENUE TO NEGATE THE SAME. THERE IS NOTHING ADVERSE ON RECORD TO REBUT THE VARIOUS CONTENTIONS OF THE ASSESSEE AND REVENUE HAS MADE THE ADDITIONS MERELY ON THE BASIS OF SUSPICION WHICH WAS NOT JUSTIFIED. HENCE, WE ARE INCLINED TO DELETE THE ADDITIONS WITH RESPECT TO PAINTING LISTED AT SERIAL NO. 1 TO 8. FU RTHER, THE PAINTINGS LISTED AT SERIAL NO. 9 & 10 BELONGING TO AN ARTIST A.R.CHUGTA VALUED AT RS.60 LACS ARE SUPPORTED BY THE VOUCHER DATED 12/02/2001 AND THE PAYMENT THEREOF AMOUNTING TO RS.0.52 LACS HAS BEEN MADE BY THE ASSESSEE VIDE DD NO.56463. A PERUSAL OF STOCK RECORD OF M/S REFLECTIONS AS ON 31/03/2008 REVEALS THAT THESE PAINTING FORMS PART O F THE CLOSING STOCK. THEREFORE, SINCE THE SAME HAVE DULY BEEN ACCOUNTED FOR IN THE BOOKS OF ACCOUNTS OF THE ASSESSEE AND FORMS PART OF STOCK-IN -TRADE, THE ADDITION THEREOF IS NOT JUSTIFIED. CONSEQUENTLY, THE SAME ST ANDS DELETED. 8. THE SEVEN PAINTING AGGREGATING TO RS.33 LACS BEL ONGING TO VARIOUS ARTIST LISTED AT SERIAL NO. 4 ARE STATED TO HAVE BE EN RECEIVED BY THE ASSESSEE ON CONSIGNMENT BASIS. THE DOCUMENTARY EVID ENCES IN SUPPORT THEREOF HAVE BEEN PLACED AT PAGE NUMBERS 88 TO 96 O F THE PAPER BOOK . ONE PAINTING OF SHARMI CHOWDHARY IS SUPPORTED BY THE REQUEST OF THE ARTIST TO THE ASSESSEE VIDE LETTER DATED 15/04/2007 TO SELL THE SAME. THE FIVE PAINTING OF ARTIST RAJENDRA PATIL IS CONFIRMED BY THE LETTER OF THE ARTIST AND FURTHER, THE ARTIST SUBSEQUENTLY, VIDE LETTER D ATED 07/05/2007, HAS ITA NO.1242/MUM/2012 KAVITA SINGH ASSESSMENT YEAR 2008-09 8 DULY ACKNOWLEDGED THE RECEIPT BACK OF THESE PAINTIN G FROM THE ASSESSEE. SIMILARLY, THE PAINTING OF JAGAN CHOWDHURI IS SUPPORTED WITH A LETTER DATED 17/04/2007. IN OUR CONSIDERED OPINION THE ASS ESSEE, BY SUBMITTING THESE EVIDENCES, DULY DISCHARGED THE ONUS CASTED ON HIM TO SUBSTANTIATE THE SOURCE OF THESE PAINTING. THE ONUS WAS SHIFTED ON REVENUE TO NEGATE THE EVIDENCES ADDUCED BY THE ASSESSEE BY MAKING FUR THER INVESTIGATIONS ETC., WHICH, PRIMA FACIE, HAS NOT BEEN DONE. IT IS SETTLED LAW THAT ADDITIONS COULD NOT BE MADE MERELY ON THE BASIS OF DOUBTS, CONJECTURES OR SURMISES. THEREFORE, IN THE ABSENCE OF ANY COGEN T MATERIAL ON RECORD TO CONTRADICT THE CLAIM OF THE ASSESSEE, THE ADDITI ON THEREOF WAS NOT JUSTIFIED AND HENCE, THE SAME STANDS DELETED. 9. THE PAINTINGS LISTED AT SERIAL NUMBER 5 COMPRISE D OF SEVEN PAINTINGS. OUT OF THESE PAINTINGS, TWO PAINTINGS OF AN ARTIST NAMELY M.V.DHURANDHAR VALUED AT RS.3 LACS EACH IS SUPPORTED BY RECEIPT D ATED 19/01/2000. FROM THE PERUSAL OF STOCK RECORD OF M/S REFLECTIONS AS ON 31/03/2008, IT IS SEEN THAT THESE PAINTING FORMS PA RT OF THE CLOSING STOCK. THEREFORE, SINCE THE SAME HAVE DULY BEEN ACCOUNTED FOR IN THE BOOKS OF ACCOUNTS OF THE ASSESSEE AND FORMS PART OF STOCK-IN -TRADE, THE ADDITION THEREOF IS NOT JUSTIFIED. NO SERIOUS ARGUMENTS HAVE BEEN ADDUCED AGAINST OTHER LOW VALUE PAINTINGS AGGREGATING TO RS .4.60 LACS. HENCE, THE ADDITION TO THAT EXTENT STANDS CONFIRMED. FURTH ER, OUR ATTENTION IS DRAWN TO THE FACT THAT THE PAINTINGS LISTED AT SERI AL NO.6 ARE MERE PRINTS / PHOTOCOPIES OF THE PAINTINGS. THIS FACT COULD NOT B E CONTROVERTED BY THE REVENUE. HENCE, THE ADDITION AGAINST SERIAL NO. 6 A MOUNTING TO RS.0.60 LACS IS NOT JUSTIFIED AND HENCE, THE SAME STANDS DE LETED. THE PAINTING LISTED AT SERIAL NO.7 VALUED AT RS. 4 LACS BELONGS TO AN ARTIST NAMELY ITA NO.1242/MUM/2012 KAVITA SINGH ASSESSMENT YEAR 2008-09 9 SUHAS ROY. THE ACQUISITION OF THE SAME BY ASSESSEE IS SUPPORT ED BY THE LETTER OF THE SELLER DATED 29/04/2008 WHICH IS PLACED ON PAGE NUMBER 102 OF THE PAPER BOOK. THE SAID DOCUMENT BEARS THE PAYMENT DETAILS VIZ. CHEQUE NUMBER, DATED, AMOUNT ETC. AND THE SELLER HAS DULY ACKNOWLEDGED THE RECEIPT OF PAYMENT THEREOF. THE, PRIMA FACIE, HAS BEEN ACQUIRED BY THE ASSESSEE OUT OF BANKING CHANNE LS AND HENCE, ADDITION THEREOF IS NOT JUSTIFIED AND THE ASSESSEE IS ABLE TO SUBSTANTIATE THE ACQUISITION THEREOF IN AY 2009-10. THUS, THE AD DITION THEREOF IN THE IMPUGNED AY WAS NOT WARRANTED FOR. RESULTANTLY, THI S ADDITION OF 4 LACS STANDS DELETED. 10. SO FAR AS THE ADDITION ON ACCOUNT OF UNEXPLAINE D JEWELLERY IS CONCERNED, WE ARE OF THE OPINION THAT THE SAME IS A FACTUAL ONE REQUIRING RECONCILIATION OF THE JEWELLERY QUANTITY. THE ONUS IS ON ASSESSEE TO RECONCILE THE EXCESS JEWELLERY FOUND DURING SEARCH OPERATIONS. THE LD. AR HAS CONTENDED THAT THE JEWELLERY WAS HELD BY THE ASSESSEE UNDER COMMON HOTCHPOTCH AND OTHER FAMILY MEMBERS HAD SUFF ICIENT TAXABLE INCOME TO ACQUIRE THE JEWLLERY. HENCE, WITHOUT DELV ING MUCH DEEPER INTO THE ISSUE, WE REMIT THE MATTER BACK TO THE LD. AO F OR RE-ADJUDICATION WITH A DIRECTION TO THE ASSESSEE TO RECONCILE THE QUANTI TIES OF JEWELLERY FOUND DURING THE SEARCH. RESULTANTLY THIS GROUND OF ASSES SEES APPEAL STANDS ALLOWED FOR STATISTICAL PURPOSES. 11. FINALLY, THE ASSESSEES APPEAL STANDS PARTLY AL LOWED IN TERMS OF OUR ABOVE ORDER. ITA NO.1242/MUM/2012 KAVITA SINGH ASSESSMENT YEAR 2008-09 10 ORDER PRONOUNCED IN THE OPEN COURT ON 08 TH DECEMBER,2017 SD/- SD/- (MAHAVIR SINGH) ( MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 08.12.2017 SR.PS:- THIRUMALESH / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. !' / THE RESPONDENT 3. * ( ) / THE CIT(A) 4. * / CIT CONCERNED 5. !$- , - , / DR, ITAT, MUMBAI 6. ./ / GUARD FILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI