Smt. D.Suneeta, CHENNAI V. ACIT, CHENNAI

ITSSA 7/CHNY/2010

• Counselvise Citation: [2011] 124 COUNSELVISE.COM (IT) 8277 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 2 month(s) 29 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 03-06-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 12-05-2011
• Assessment Year: misc
• Appeal Filed On: 04-03-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B SRINIVAS
• Keywords: Gift; Search and seizure

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B ENCH B C HENNAI BEFORE SHRI U.B. BEDI , J.M. AND SHRI N.S. SAINI , AM .. I.T. [SS] A. NO. 7/MDS/ 2010 BLOCK PERIOD 1.4.1996 TO 2.1.2003 SMT. D. SUNEETA DEVI NO. 6, RANJITH ROAD KOTTURPURAM MADRAS 600 08 5 . (PAN NO. AYBPS 3637 E ) VS. THE D.C.I.T CENTRAL CIRCLE II(5) CHENNAI (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SAROJ KUMAR PARIDA DEPARTMENT BY : SHRI B. SRINIVAS O R D E R PER N.S . SAINI, A.M : - TH IS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE LD. CIT (A) - II , CHENNAI DATED 27 . 1 1 . 200 9 FOR BLOCK PERIOD 1.4.1996 TO 2.1.2003 PAGE 2 OF 4 ITSS A. NO. 7 / MDS/ 2010 2. THE ONLY ISSUE INVOLVED IN THE PRESENT APPEAL IS THAT THE LD. CIT(A) ERRED IN CONFIRMING THE ADDITION OF ` 4,07,880/ - IN RESPECT OF JEWELLERY FOUND DURING THE COURSE OF SEARCH CONDUCTED ON 2.1.2003 IN THE ASSESSEE S PREMISES. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE LOWER AUTHORITIES AND THE MATERIAL AVAILABLE ON RECORD. IN THE IN STANT CASE, DURING SEARCH AND SEIZURE OPERATIONS ON 2.1.2003, JEWELLERY OF 1387.300 GMS WAS FOUND IN THE PREMISES OF THE ASSESSEE. ACCORDING TO THE ASSESSING OFFICER, THE ASSESSEE CLAIMED TO HAVE RECEIVED THIS JEWELLERY BY WAY OF GIFT FROM HER PARENTS, M OTHER - IN - LAW AND SISTER ON VARIOUS OCCASIONS. THE ASSESSING OFFICER FOUND THAT NO EVIDENCE OF GIFT COULD BE BROUGHT ON RECORD BY THE ASSESSEE. THE ASSESSING OFFICER ALLOWED 500 GMS AS GIFT RECEIVED BY ASSESSEE. FOR THE BALANCE 887 GMS, AN ADDITION OF ` 4,07,880/ - WAS MADE TO THE INCOME OF THE ASSESSEE. 4. IN APPEAL, THE LD. CIT(A) CONFIRMED THE ACTION OF THE ASSESSING OFFICER. PAGE 3 OF 4 ITSS A. NO. 7 / MDS/ 2010 5. BEFORE US, THE LD. A.R. SUBMITTED THAT CONSIDERING THE STATUS OF THE ASSESSEE, JEWELLERY OF 1387.330 GMS COULD BE TAKEN AS RECEIVED BY ASSESSEE AS GIFT. 6. ON THE OTHER HAND, THE LD. D.R. SUPPORTED THE ORDERS OF THE LOWER AUTHORITIES. 7. WE FIND THAT NO EVIDENCE WHATSOEVER FOR RECEIVING GIFT WAS BROUGHT ON RECORD EITHER BEFORE US OR BEFORE THE LOWER AUTHORITIES. FURTHER, NO MATERIAL WAS BROUGHT BEFORE US TO SHOW THE AMOUNT OF INCOME WHICH WAS DISCLOSED BY EITHER OF THE PARENTS OF THE ASSESSEE AND PARENTS - IN - LAW OF THE ASSESSEE AT THE TIME OF MARRIAGE OR THEREABOUT. IN THE ABSENCE OF ANY SUCH MATERIAL, WE DO NOT FIND ANY GOOD REASON TO INTERFERE WITH THE ORDERS OF THE LOWER AUTHORITIES. PAGE 4 OF 4 ITSS A. NO. 7 / MDS/ 2010 8. IN THE RESULT, APPEAL FILED BY THE ASSESSEE STANDS DISMISSED . ORDER PRONOUNCED IN THE COURT ON 03.06.2011. SD/ - SD/ - (( U.B.S BEDI ) (N.S. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 3 RD JUNE 201 1 . VL / - COPY TO: ASSESSEE / AO / CIT (A) / CIT / D.R. / GUARD FILE