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Tribunal overturns CIT(A) order, directs deletion of unexplained jewellery addition citing CBDT Instructions The Tribunal allowed the appeal filed by the assessee, setting aside the CIT(A)'s order and directing the Assessing Officer to delete the addition of Rs. ...
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The Tribunal allowed the appeal filed by the assessee, setting aside the CIT(A)'s order and directing the Assessing Officer to delete the addition of Rs. 4,24,773 on account of unexplained diamond jewellery found during a search operation. The Tribunal held that diamond jewellery should be included in the definition of jewellery as per CBDT Instructions, citing a Mumbai Tribunal decision in a similar case. The decision was pronounced on 20.11.2018.
Issues: Addition of unexplained diamond jewellery during search operation.
Analysis: 1. The appeal was against the CIT(A)'s order sustaining the addition of Rs. 4,24,773 on account of diamond jewellery found during a search operation. 2. The Assessing Officer had added Rs. 13,86,500 to the total income of the assessee, considering the diamond jewellery unexplained. 3. The CIT(A) restricted the disallowance to Rs. 4,24,773 after detailed analysis. 4. The CIT(A) noted that the excess jewellery liable to be assessed in the hands of the appellant was Rs. 4,24,773, based on the facts presented. 5. The assessee challenged the addition, citing CBDT Instructions and a Mumbai Tribunal decision in a similar case. 6. The Tribunal found merit in the argument that diamond jewellery should be included in the definition of jewellery as per CBDT Instructions. 7. Relying on the Mumbai Tribunal decision, the Tribunal set aside the CIT(A)'s order and directed the Assessing Officer to delete the addition of Rs. 4,24,773. 8. The Tribunal allowed the appeal filed by the assessee, pronouncing the decision on 20.11.2018.
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