Jewellery seizure and addition under Income Tax: Validity and Limits



Quick Summary
The Income Tax department has specific guidelines regarding the seizure of gold jewellery. Generally, there's no limit on holding jewellery if its source of income, such as inheritance, can be explained. During searches, certain quantities of jewellery are exempt from seizure based on family members' status and wealth tax assessments. If an assessee can prove the jewellery's origin, including ancestral or gifted items, and the genuineness of any conversion costs, it cannot be subject to demand.

There is no limit on holding of gold jewellery or ornaments by anybody provided it is acquired from explained sources of income including inheritance. Legitimate holding of jewellery up to any extent is fully protected. Further, w.r.t. seizure of jewellery during Search and seizure, CBDT Instruction
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FAQ :

No, there is no limit on holding gold jewellery or ornaments, provided it has been acquired from explained sources of income, including inheritance. Legitimate holdings are fully protected.

For those not assessed to wealth-tax, jewellery up to 500 gms per married lady, 250 gms per unmarried lady, and 100 gms per male member of the family need not be seized. For wealth-tax assessees, only jewellery exceeding the declared gross weight in the wealth-tax return is subject to seizure.

Yes, an authorised officer can decide to exclude a larger quantity of jewellery based on the family's status, community customs, and other circumstances. This decision must be reported to the Director of Income-tax/Commissioner authorising the search.

If you can explain the source of all your gold jewellery as ancestral, parental, or received on various occasions, and prove the genuineness of any conversion costs for new jewellery, there cannot be any demand on it, as per legal precedents.

A detailed inventory of all jewellery and ornaments found must be prepared. This inventory is used for assessment purposes.




About the Author

DESIGNATED PARTNER

Mr. Vivek Jalan is a FCA, Qualified LL.M (Constitutional Law) and LL.B. He is the Chairman of The Fiscal Affairs and Taxation Committee of The Bengal Chamber of Commerce and Industry. He is the Convenor on Indirect Taxes of the CII- Economic Affairs and Taxation Committee (ER); He is also a visiting faculty for Indirec ... Read more

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