9911796707
TMI Blog1989 (11) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 kg. of silver valued at Rs. 1,53,808 from Churu Railway Station. The assessee explained that it was the assessee s silver which was taken by one Shri Prem Kumar for sale in Delhi through one Shri Jadgish Rai, Broker and as the same could not be sold, Shri Prem Kumar was taking it back from Delhi to Churu and the Octroi Authorities caught him with silver and Octroi charges amounting to Rs. 700 were charged from him. In support of that the assessee has submitted that the silver in question is already entered in the books of the assessee which were seized by the Department. Therefore, when the silver is reflected in the books which are in possession of the Department, there is no question of taking the view that silver was purchased from Del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that the assessee s employee Shri Prem Kumar was found with the silver and octroi duty was charged on that. The assessee had paid the octroi duty. The assessee had no evidence regarding the melting of the ornaments into silver bars and silver bars of standard size. That is not possible to make pain (sic) the old ornaments by the assessee in the furnace. On the other hand, the learned counsel for the assessee Shri Ranka submitted that the silver in question was sent through one Shri Prem Kumar for sale in Delhi through one Shri Jagdish Rai and due entry was made in the books of the assessee. they were found when the books were seized. This not the first time when the assessee has sold silver. The assessee has sold silver in Delhi pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was reflected in the books and the signature of ST authorities on the very date i.e., on 9th Sept., 1981 was there on the books and the signature of the ITO was also there on the very page which is relevant and a copy of which is placed at page 7 of the paper book. It reveals that silver was taken by Shri Prem Kumar from Churu. The relevant pages are from 5 to 8 of the assessee s paper book. Immediately thereafter when the sales-tax and income-tax Department approached the assessee s place and seized the books, the entry was there already regarding the silver in question. Therefore, the claim of the assessee cannot be denied merely for the reasons that octroi was paid on silver in Churun and the silver bars were standard silver bars. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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