9911796707
TMI Blog1987 (2) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... d the Assistant Income Tax Commissioner vide his letter C. No. XVII (GC)14-5/74/13064-65 dated 20-11-1974 that the appellant appeared to have contravened the provisions of the Gold Control Act. It was also requested in the said letter that the said gold should be handed over to the Central Excise department to enable them to examine the case from the point of view of the Gold Control Act. Accordingly on 29-1-1976, the Income Tax Department delivered the above gold to Shri Rameshwar Prasad, Karta of the HUF in the presence of the Central Excise Officers. Since possession, custody and control of primary gold was forbidden under Section 8 of the Gold Control Act (GCA), the above gold was seized from Shri Rameshwar Prasad under Section 66 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cle or ornament under Section 16 of the GCA whereas the gold in the instant case is primary gold and therefore, would not be covered by the immunity provisions of the Voluntary Disclosure Scheme. 2. Learned Counsel for the appellant has stated that on 16-1-1976 appellant filed declaration of the seized gold with the Central Excise Officer under the Voluntary Disclosure Scheme and on 24-1-1976 the Assistant Collector of Central Excise, Gwalior directed the three appellants Nos. 2-4 Laxmi Devi, Shankutia Devi and Bansi Bai, to convert the gold into ornaments before 1st February, 1976. On 29-1-1976 the Income Tax Department returned the gold already declared and at the time of returning itself the Central Excise Officer made the seizure. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on or charge or issue of show cause notice to the first respondent, it cannot be said that any proceeding under the GCA was pending against him at the time of making declaration under the Voluntary Disclsoure of Income Act 1976". 3. Learned S.D.R.., on the other hand, has reiterated the findings given by the lower authorities and has stated in short that the facts and circumstances in the judgment of Madras High Court referred to above are not relevant to the facts and circumstances of the present case. 4. I have carefully considered the pleas advanced on both sides. I have gone through the judgment of Madras High Court mentioned supra. After going through, I observe that the facts in the present case before the Tribunal are much stron ..... X X X X Extracts X X X X X X X X Extracts X X X X
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