TaxTMI 
TaxTMI 
TaxTMI 
2016 (3) TMI 446
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....al, the assessee has raised the following grounds: "1. Because Rs. 120000.00 on account of fooding expenses & Rs. 50000.00 on account of rent of banquet hall have quite wrongly and illegally been added in the income of the Appellant. 2. The Marriage was organized by Shri Yudhisthir Bhartia father of daughter in law on 03/07/2005 in Shyam Kripa open lawn & all fooding expenses were borne by the bridal side, Shri. Yudhisthir Bhartia. 3. In search & seizure loose papers no. 44 to 54 were found which were merely details of fooding etc. No Documentary evidence such as bills & vouchers etc. in the appellant's name were found from the appellants residence during the course of search relating to marriage function. 4. The Appellant is....
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....is, the present assessment has been framed by the Assessing Officer u/s 143(3) read with section 153 C of the Act. In the assessment order, the Assessing Officer has observed that in course of search, papers in connection with the marriage expenses of Shri Ashish Kumar Dalmia, a co-parcener of this HUF were found. In this regard, he has mentioned that on page No. 44 to 54 of Annexure LP-1, details of refreshment, lunch, dinner etc. have been mentioned from 01/07/2005 to 03/07/2005 including several types of items to be served on occasion of the function. The Assessing Officer asked the assessee to furnish the details of total expenses incurred during the function along with the source of investment. In this regard, the statement on oath of ....
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....0/- on account of fooding expenses and Rs. 50,000/- on account of rent of banquet hall. These two additions were upheld by CIT(A) and before me, these two additions are disputed. In this regard, it was submitted before me that in the marriage of son, all the expenses on fooding and other marriage functions are incurred by the bride side and therefore, no addition can be made in the hands of the assessee because the marriage was of the son of the assessee and not of his daughter. I find force in this submission of the assessee. In the assessment order, the Assessing Officer has mentioned that evidence was found in course of search in the form of details of refreshment, lunch, dinner etc. but this is not sufficient to make addition because ev....
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.... 3.50 lac is mentioned containing various delicious goods, soup, mocktails, ice cream etc. and on the basis of these evidences, he made addition of Rs. 3.25 lac by alleging that this much expenditure was incurred on the occasion of son's marriage on account of fooding and Rs. 50,000/- was added on account of alleged payment of rent of banquet hall. In find that in this year also, the addition was made by the Assessing Officer on the basis of quotations and list of food etc. without bringing any adverse material on record which could establish that the expenditure was incurred by the assessee and not by the bride side. In this year also, the bride side was not examined to find out as to whether the expenses on marriage was incurred by the as....
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....f the authorities below. 12. I have considered the rival submissions and gone through the orders of the authorities below. I find that it is noted by the Assessing Officer in Para 5 of the assessment order that the jewellery found from the room of Smt. Radhika Dalmia and Shri Ashish Dalmia during the course or search was 420 gms. Gold jewellery and 6.90 Ct. precious stones and silver utensils 4 Kg. total value at Rs. 7,91,280/-. The Assessing Officer accepted the gold jewellery but made addition of Rs. 97,200/- being value of precious and semi precious stone of 6.90 Ct. and also value of silver utensils of 4 Kg. valued at Rs. 1,26,000/-. It was submitted by Shri Anand Kumar Dalmia, father of the assessee, that although all these items were....
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....the order is bad in Law and on facts merely based on estimation." 15. Shri Anand Kumar Dalmia, father of Shri Abhishek Dalmia, appeared and submitted that total jewellery found in course of search from the bedroom of Shri Abhishek Dalmia and his wife Smt. Niva Dalmia was valued at Rs. 7,86,772.80, which should be accepted as explained. 16. Learned D. R. of the Revenue supported the orders of the authorities below. 17. I have considered the rival submissions. I find that gold jewellery found is 496.700 Gms. and semi precious stone is 21.85 Ct. and in this manner, the value of jewellery was worked out at Rs. 7,86,000/-. It was explained before the authorities below that the jewellery was received by Shri Abhishek Dalmia and Niva Dalmia fr....