No seizure of Jewellery If gross weight disclosed in regular return exceeds jewellery found during search

Mrs. Nawaz Singhania Vs. DCIT (ITAT Mumbai) Instruction 1916 issued by the Board with regard to seizure of jewellery has inherent foundation of undisclosed portion of jewellery that may be identified in the search. The Instruction No. 1916, therefore is describing the criteria for decision making for jewellery to be undisclosed. Accordingly, any portion of the jewellery, which in terms of Instruction No. 1916 is not to be seized is automatically not undisclosed. It is in this background that Courts have held that once seizure is not permitted by virtue of Instruction No. 1916, addition to inco...