9911796707
TMI Blog1981 (3) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... epresenting the sale proceeds of gold ornaments. The facts, in short, are that the assessee claimed to have sold gold ornaments for Rs. 20,502 as follows: Sale of bullions Rs. 2,557 Sale of ornaments Rs. 12,717 Sale of ornaments Rs. 5,228 . Rs. 20,502 Whereas, the first sale was made to M/s Handora & Co. on 16th Jan., 1970 and the remaining two sales were made to Moolchand Pukhraj and Co. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ornaments belonged to the mother, then the sale proceeds would have been credited to her account. The ITO, therefore, disbelieved the case of the assessee that the gold ornaments belonged to his mother. The assessee having failed to prove the course of acquisition of the ornaments, in the opinion of the ITO treated the sale proceeds as income of the assessee from undisclosed sources and the additi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er by her late husband at the time of marriage and since the assessee was in need of the money, the gold ornaments were parted with to the assessee by the deponent. It was also deposed that the gold ornaments were given to the assessee, as the deponent was not in need of them. Smt. Liladevi was not examined by the AAC. We find from the order of the AAC that he rejected the affidavit of Smt. Lila D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mother on the ground that it did not contain all the important details. In our opinion, the AAC was wrong in disbelieving the affidavit for this reason. If the AAC was of the view that some more details should have been there in the affidavit, then he would have examined the deponent. If the deponent failed to give the details on her examination, then alone adverse inference could have been drawn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. On these brief facts, in our opinion, the AAC has unnecessarily written a very lengthy order. He seems to have been swayed by wrong considerations in the matter. If the issue is considered by a right angle, then the only conclusion to be arrived at is that the assessee clearly proved that the gold ornaments belonged to his mother and the sale proceeds of the ornaments were credited by the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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