9911796707
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Issues:
- Inclusion of the value of gold jewellery gifted to minor daughters in the net wealth computation for multiple assessment years. - Dispute regarding the authenticity of letters evidencing the gifts. - Reliance on expert opinion of handwriting expert. - Examination of corroborative evidence to support expert opinion. - Applicability of gift-tax provisions in relation to the gifts. Analysis: The judgment involves the case of an appellant assessed for wealth tax for multiple years, with a dispute arising from the inclusion of the value of gold jewellery gifted to her minor daughters in the net wealth computation. The appellant claimed to have received the gold jewellery as gifts for her daughters during a partition of properties. The authenticity of letters evidencing these gifts was questioned, leading to a referral to a Government Examiner of Questioned Documents. The WTO included the value of the gifted gold in the net wealth based on the examiner's opinion that the letters were written after 1972. The appellant contested these additions before the AAC, who upheld them, prompting the present appeals. The appellant's counsel contended that the letters were executed on the dates mentioned and challenged the reliance on the handwriting expert's opinion. The counsel argued that direct and trustworthy evidence from the writers should outweigh expert opinion. Additionally, it was argued that the failure to provide the correspondence between the WTO and the examiner to the appellant affected the assessment process. The Department opposed these contentions, emphasizing the doubts regarding the dates of execution of the letters. The judgment delves into the fundamental question of the conclusive nature of the examiner's opinion and the reliance on handwriting expert evidence. Citing legal precedents, the judgment highlights the need for corroborative evidence to support expert opinions, especially in cases involving handwriting analysis. The court noted that the sole evidence of the examiner was not substantiated by direct or circumstantial evidence, while the writers of the letters affirmed the authenticity of the dates. Ultimately, the court found in favor of the appellant, accepting that the letters were executed on the dates claimed, thereby rejecting the Department's position. Furthermore, the judgment briefly addresses the argument on the genuineness of the gifts and the applicability of gift-tax provisions. It concludes that since the gifts were found to be genuine and executed in the respective years, the inclusion of the gifted assets in the net wealth computation was not warranted. Consequently, the appeals were allowed, and the appellant succeeded in challenging the additions made to her net wealth based on the disputed gifts to her minor daughters.
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