9911796707
TMI Blog2008 (9) TMI 922X X X X Extracts X X X X X X X X Extracts X X X X ..... aid statement he has stated that the silver was handed over to him by Harendra Prasad respondent herein at Raxaul and was to be delivered to one Santosh Kumar Agrawal at Siwan. During investigatyion Santosh Kumar Agarwal was interrogated but he denied to have placed any order for supply of silver in question. Harendra Prasad however claimed that the seized silver is part of business stock inasmuch as he carries the profession of silversmith. 2. A show cause notice was issued to Harendra Prasad as to why the silver seized be not confiscated and personal penalty not imposed on him. Harendra Prasad filed show cause and on adjudication, the Deputy Commissioner confiscated the silver and imposed a personal penalty of ₹ 15,000/- on him. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the confessional statement of Ram Lochan Sah who has stated that the seized silver was handed over to him by the respondent Harendra Prasad in Nepal after purchasing the same in Nepal? (ii) Whether the finding of the Tribunal is vitiated on account of non-consideration of the material evidence and misconstruing the law? 4. Mr. Rakesh Kumar Singh, appearing on behalf of the petitioner submits that the confessional statement of Ram Lochan Sah is admissible in evidence in view of Section 108 of the Act and that was sufficient to hold that the silver seized is smuggled one. 5. Mr. Satish Kumar Sinha, however, appearing on behalf of the respondent contends that mere confessional statement of Ram Lochan Sah shall not lead to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly of 99.99%. In these backgrounds, we are of the opinion that the Tribunal was justified in not relying on the confessional statement of Ram Lochan Sah. 7. Accordingly our answer to the questions No. 1 formulated is in the affirmative, against the Revenue and it is held that the Tribunal was justified in ignoring the confessional statement of Harendra Prasad. 8. From what we have stated above it is evident that Tribunal s findings is on assessment of relevant material. 9. Accordingly answer to the second question is in the negative, against the Revenue and it is held that the Tribunal finding is in accordance with the law and not vitiated on any count. 10. Reference is answered accordingly. 11. Tax case stands disposed of. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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