9911796707
TMI Blog1993 (10) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... are that on June 21, 1981, the A.C.T.O., Anti Evasion inspected the business premises of the assessee and found that 61 Kg. of silver is not accounted for in the books of accounts. A seizure memo was prepared. The statement of Shri Bhagchand Jain, one of the partners of the firm was also recorded on that day, in which he has stated that the firm is doing the work of refining of old silver and ornaments into silver and the refinery work is being done on job basis. It is also stated that the work of refining is done of own goods as well. The work of refining was being done for last two years. In the statement, it was stated that in two big tanks along with acid, powder is also lying and approximately 2.5 Kg. silver waste is inside and about 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cable to an unregistered dealer. It has further been submitted that the assessee is maintaining the stock register and bills, etc., and there was no responsible or other person available at the time of inspection/ survey and the entire proceedings were concluded at one place and in one day. Therefore, the correct facts had not come on record. The Deputy Commissioner Appeals) found that the said silver was received for job work and it was only for the reason that the assessee is an unregistered dealer. The photostat copies of the letters of Lalwani Abhushan Bhandar, Harak Chand Kailash Chand Sarraf, Hukmichand Ghewar Chand Jain and silver refinary were also produced. Levy of penalty was set aside and it was held that the assessee has not com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods must physically be weighed. It was on the basis of the statement given by the assessee that penalty was levied and for the purpose, he has relied on the decision of this Court in Assistant Commercial Taxes Officer v. Raja Glass House [1989] 75 STC 417 (Raj); (1990) 32 STL 20. 6.. I have considered over the matter. Normally, once a statement is given by the assessee, the said statement has to be considered as voluntary. There may be circumstances where it may be found on facts that the assessee has not given the statement voluntarily or there is any contradiction in the statement given. The provisions of section 22(6) provides for levy of penalty. The burden of proof for the offence is on the assessing authority. There may be circumst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the goods with the dealer and the said goods being not accounted for in the accounts registers or other documents maintained in the course of business and in any other satisfactory manner are the essential ingredients of this section. Seizure could be of the goods which are found not accounted for. It could not be of the goods which are accounted for in the books of accounts and, therefore, in order to attract the provisions of section 22(6), there must be a complete checking of the goods/stock, then, there should be verification of the goods from the books of accounts and then conclusion satisfaction as to how much of the goods are not accounted for in the books of accounts and then seizure of the goods which should not in normal routi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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