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ITAT deleted additions for unaccounted income from contractor,...
ITAT deletes additions for unaccounted income and unexplained jewelry following Rajeshwar Singh Yadav precedent and accepting engagement gift explanation
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ITAT deleted additions for unaccounted income from contractor, following precedent in Rajeshwar Singh Yadav case where similar factual circumstances existed involving Executive Engineer receiving alleged payments from same contractor. No substantial material differentiated appellant's case from established precedent. Regarding unexplained jewelry addition of Rs. 2,76,101 for 76.064 gms, ITAT accepted appellant's explanation that ornaments were engagement gifts from prospective in-laws when daughter got engaged. Wife's contradictory statement during search attributed to stress and husband's absence. ITAT found mathematical approach for partial jewelry addition imprudent when remaining 1651.046 gms adequately explained per CBDT Instruction 1916/1994, noting unreasonableness of expecting precise explanations from public servant with multiple family members. Both additions deleted and appellant's grounds sustained for relevant assessment years.
ITAT deleted additions for unaccounted income from contractor, following precedent in Rajeshwar Singh Yadav case where similar factual circumstances existed involving Executive Engineer receiving alleged payments from same contractor. No substantial material differentiated appellant's case from established precedent. Regarding unexplained jewelry addition of Rs. 2,76,101 for 76.064 gms, ITAT accepted appellant's explanation that ornaments were engagement gifts from prospective in-laws when daughter got engaged. Wife's contradictory statement during search attributed to stress and husband's absence. ITAT found mathematical approach for partial jewelry addition imprudent when remaining 1651.046 gms adequately explained per CBDT Instruction 1916/1994, noting unreasonableness of expecting precise explanations from public servant with multiple family members. Both additions deleted and appellant's grounds sustained for relevant assessment years.
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