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Aggrieved by additions made by Ld.AO, in all the assessment years under consideration appeal was filed before Ld.CIT(A) wherein assessee challenged assumption of jurisdiction by Ld.AO under section 153C of the Act, along with additions made in respective years. Ld.CIT(A) after perusal submissions advanced and document placed on record, called for records of searched person Sh.P.Gopinath Reddy. Ld.CIT(A) found that, Ld.AO of Sh.P.Gopinath Reddy recorded satisfaction that there was seized cash and jewellery belonging to assessee before us that was found and seized at the time ofsearchwhich has been handed over to assessing officer of assessee subsequently. Ld.CIT(A) observed in para 5.2 of his order that, assessing officer of assessee recorded satisfaction for initiating proceedings under section 153C of the Act, and assessment records and thus Ld.AO in the presentcasehas followed the procedure for initiating proceedings under section 153C of the Act, and that there has been material found and seized that belong to assessee in the course ofsearchconducted. Ld.CIT(A) upheld additions made by Ld.AO for all assessment years under consideration.Aggrieved by order passed by Ld.CIT (A) assessee is in appeal before Tribunal.

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Sec. 153C of Income Tax Act, 1961— Assessment — No addition can be made in the hands of the assessee by treating 1/3rd of seized jewellery in his hand as jewellery was belonging to entire family members, therefore, if at all if any addition to be made it is to be equally divided among family members, further, the assessee has only claimed jewellery of 261 grams as belonging to him, which has been reflected in balance sheet as on 31.03.2011 hence, no addition could be made in the hands of the assessee and further, considering the CBDT Circular which provides jewellery holding by female member and male members and children in particular quantity as not be served meaning thereby as explained, we are of the considered opinion that no addition can be sustained on this account, accordingly, 1/3rd addition made in the case of the assessee on account of jewellery is deleted. - SRI PANATI VIDYANATH REDDY V/s DEPUTY CIT - [2020] 28 ITCD Online 074 (ITAT-BANGALORE)

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