Vibhu Aggarwal. v. DCIT (2018) 170 ITD 580 (Delhi) (Trib.)

S. 69A : Unexplained money -Search -Jewellary- Belonged to a wealthy family and jewellery was received on occasions from relatives, excess jewellery was very much reasonable addition was held to be not justified .

During search at assessee’s residential premises, Jewellery of 2531.5 gms. was found .AO  had given assessee benefit of 950 gms. on account of wife and two children and balance was added as unexplained investment . On appeal the Tribunal held that the  Assessee belonged to a wealthy family where gifting of jewellery possessed by each of family members was customary and jewellery was gifted to assessee and his wife by their parents and grandparents and other relatives at time of their marriage, and also on several occasions after that, such as birth of their two children, marriage anniversaries, etc. Accordingly in view of Instruction No. 1916, dated 11-5-1994, excess jewellery found in case of assessee, was very nominal, and was very much reasonable and, thus, keeping in mind high status and more customary practices addition was to be deleted .( AY. 2011-12)