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TMI Blog2001 (5) TMI 371X X X X Extracts X X X X X X X X Extracts X X X X ..... 7, officers of Preventive Department verified the stocks of Gold ornaments and the registers maintained by him. They found the stock entries to be made up to date i.e. 30-10-1987 and the stocks of new ornaments recorded in balance was 2760.360 gms. Gross in 568 Nos. the net weight being 2707.550 gms. The stocks of old gold ornaments in balance shown was NIL. On questioning, they were told by A-1, that he did not have any Gold or Gold ornaments kept unlawfully without accounting for the same. 3. The officers then informed A-1 and the witnesses, that they were going to search the premises, as they had bona fide reasons to believe, that Gold and Gold Ornaments were kept unauthorisedly in the shop without accounting for the same and in violat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y her, from her friends and relatives under a scheme, got cleaned, polished and were to be kept in her husband s shop to increase his business, fearing competition from another shop likely to come up in vicinity of the husband s shop. It was stated in the claim, that this jewellery was kept at a separate building, pending extension of the business of her husband and were infact seized from the said separate building, belonging to her and not the shop of her husband. For this purpose, the officers had taken the keys from her, on the date of the search of the shop, from her, at her house and seized the same showing it as a recovery from the shop in her absence. 6. The then Collector adjudicated the matter, ex parte and ordered the confiscat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd unaccounted and the repeal of the Gold (Control) Act, 1968 has been considered by the learned Adjudicator and no new grounds have been adduced by the learned Advocate to merit a reduction. We have considered the submissions and the material and after considering the same find - (a) The learned Commissioner has not only considered the alleged retractions and the conduct in not making a complaint to the Magistrate on the earliest opportunity i.e. 1-10-1987 and has rejected the retractions. Nothing new has been brought before us to conclude otherwise. (b) We have carefully perused the Mazahar and the Commissioner s findings thereon. The Commissioner in Para - 7 of his order has considered the allegations of the Mazahar not-recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as to how the weight of the jewellery collected by A-2 could go up when her records show melting besides the fact of no receipts having been issued or and even the doubts about the name of the alleged scheme in the deposition A-2 before the Commissioner. We find no reasons to disturb this finding of the Commissioner. (c) Similarly the Commissioner has considered the findings of Income Tax authorities and he has examined the other claimants. We find no infirmity in these findings that the Gold ornaments under seizure were found in the shop premises of A-1 along with the Gold Bar with purity markings as per the Mazahar down and are not part of any scheme floated by A-2. We do not find the findings of A-2 being a Gold dealer as arrived ..... X X X X Extracts X X X X X X X X Extracts X X X X
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