The ACIT, Central Circle-3., Surat V. Shri Yash Devendra Vayla, Surat

ITSSA 652/AHD/2010

• Counselvise Citation: [2013] 121 COUNSELVISE.COM (IT) 9098 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 13 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 19-04-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 22-02-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 06-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHELLY JINDAL
• Assessee Lawyers: SAPNESH SHETH
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH AHMADABAD BEFORE SHRI D.K.TYAGI , JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEMBER IT(SS)A NO. 652/AHD/2010 ASSESSMENT YEAR :2007-08 THE ASSTT. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-3, ROOM NO. 507, AAYAKAR BHAVAN, MAJURA GATE, SURAT V/S . YASH DEVENDRA VAYLA, 2/5175, GEETGOVIND, RUSTAMPURA, FARAM STREET, SURAT. PAN NO. A A ZPV4892N (APPELLANT) .. (RESPONDENT) BY APPELLANT SHELLY JINDAL, CIT D.R. /BY RESPONDENT SHRI SAPNESH SHETH, A.R. /DATE OF HEARING 22.02.2013 /DATE OF PRONOUNCEMENT 19.04.2013 O R D E R PER : T.R.MEENA, ACCOUNTANT MEMBER THIS IS AN APPEAL AT THE BEHEST OF THE REVENUE WHIC H HAS EMANATED FROM THE ORDER OF CIT(A)-II, AHMEDABAD, ORDER DATED 24.05.2010 FOR A.Y. 2007-08. THE SOLE GROUND OF APPEAL IS AGAINST DELET ING THE ADDITIONS OF RS.7,19,095/- MADE ON ACCOUNT OF UNACCOUNTED INVEST MENT IN JEWELLERY. 2. THERE WAS A SEARCH U/S.132 OF THE IT ACT AT THE RESIDENCE OF ASSESSEE AT 2/5175, FARAM MOHALLO, RUSTAMPURA, SURAT ON 07.1 1.2006. DURING THE IT(SS)A NO. 652/AHD/10 A.Y. 07-08 PAGE 2 COURSE OF SEARCH, JEWELLERY WEIGHING 1,549 GRAMS VA LUED AT RS.13,97,095/- WAS FOUND AT FORAM MOHALLO, RUSTUMPURA, SURAT. THE LD. A.O. GAVE REASONABLE OPPORTUNITY OF BEING HEARD ON THIS ISSUE . THE APPELLANT CLAIMED BEFORE THE A.O. THAT JEWELLERY FOUND DURING THE COU RSE OF SEARCH WAS RECEIVED ON MARRIAGE AND VARIOUS AUSPICIOUS OCCASIONS. THE ASSESSEE DID NOT FILE ANY EVIDENCE IN HIS SUPPORT. THE LD. A.O. ALLOWED 200 GRAMS JEWELLERY IN CASE OF PER MARRIED LADIES AND 100 GRAMS IN CASE OF PER MAL E MEMBERS. THE EXCESS JEWELLERY VALUED RS.7,19,095/- WAS ADDED IN THE INC OME OF THE ASSESSEE. THE ASSESSEE CARRIED THE MATTER BEFORE THE CIT(A) WHO A LLOWED THE APPEAL IN FAVOUR OF THE ASSESSEE BY CONSIDERING CBDTS INSTRU CTION NO.1916, WHEREIN 500 GRAMS PER MARRIED LADY AND 100 GRAMS PER MAN AR E ALLOWED AS NORMAL JEWELLERY RECEIVED ON MARRIAGES AND OTHER OCCASIONS . 3. NOW, THE REVENUE IS BEFORE US. LD. CIT D.R. OPP OSED THE FINDING OF THE LD. CIT(A) AND REQUESTED TO RESTORE BACK THE ORDER OF THE A.O. LD. COUNSEL FOR THE APPELLANT RELIED UPON THE ORDER OF THE CIT(A) A ND REQUESTED TO CONFIRM THE ORDER OF THE CIT(A). 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE ORDERS OF THE LOWER AUTHORITIES. AS PER CBDTS INSTRUCTION NO.19 16, THE JEWELLERY TO THE EXTENT 500 GRAMS FOR A MARRIED LADY AND 100 GRAMS P ER MALE PERSON IS CONSIDERED REASONABLE FOR NOT SEIZING AT THE TIME O F SEARCH. THE VARIOUS HIGH COURTS HAD INTERPRETED THIS LIMITATION OF SEIZURE A S EXPLAINED AS JEWELLERY RECEIVED BY THEM ON MARRIAGE AND OTHER OCCASIONS. THUS, WE CONFIRM THE ORDER OF CIT(A). IT(SS)A NO. 652/AHD/10 A.Y. 07-08 PAGE 3 5. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 19.04.2013 SD/- SD/- ( D.K.TYAGI ) (T.R. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER TRUE COPY S.K.SINHA ! ! ! ! '! '! '! '! / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. '(' ) * / CONCERNED CIT 4. *- / CIT (A) 5. !./ ), ) , 12( / DR, ITAT, AHMEDABAD 6. /45 67 / GUARD FILE. BY ORDER/ , 8/ 1 ': ) , 12( ;