Assessee filed its return of income declaring long term capital loss arising from sale of gold ornaments. The AO held that no such ornaments were reflected in balance sheets filed by assessee for earlier years hence treated sale proceeds of gold ornaments as income of assessee from other sources and added it to total income of assessee. CIT (A) affirmed the order of the AO. Tribunal held that claim of assessee. of having received gold ornaments from her late mother was duly supported by documentary evidence in form of Will and Probate of her mother as well as valuation report of jewellery obtained way back in year 1989 prior to death of her mother and further, there was no statutory provision which requires assessee to bring jewellery inherited by her from her mother into balance sheet. Accordingly the addition confirmed by the CIT (A) was deleted. (AY. 2006-07)
Hetal Nishith Merchant. (Mrs.) v. ITO (2020) 185 ITD 738 (Mum.)(Trib.)
S. 69A : Unexplained money-Gold inherited from mother-Sale proceeds of gold-Not shown in the balance sheet-Addition is held to be not justified when there is no statutory provision to show in the balance sheet.