1987 (6) TMI 29

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..... sessee-Hindu undivided family ? " The necessary facts in a nutshell giving rise to the aforesaid question are that the assessee is a Hindu undivided family. A raid was conducted by the Central Excise Department at the business and residential premises of the assessee on October 25, 1975, wherein primary gold, gold ornaments and silver ornaments were seized. The case of the assessee was that there was a partition in the family of M/s. Ishwardin Mewalal consisting of late Ishwardin, Ramjiyawan Mewalal and Munnilal in the year 1942 in which the assessee received Rs. 43,500 in cash, cloth and kirana worth Rs. 6,700 and gold and silver ornaments worth Rs. 12,800 each. The case of the assessee further was that the family had been doing busines .....

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..... be assessed jointly in the hands of the assessee-Hindu undivided family. In this connection, our attention has been invited to one of the findings of the Tribunal that some bahis were taken at the time of seizure, but the bahis pertaining to the years earlier than 1973 indicated that money-lending was the individual business of Ishwardin and that that is why the 2 or 3 bahis beginning from 2002 did not refer to the Hindu undivided family nor did the titles on the basis refer to the name of the Hindu undivided family. According to counsel for the assessee, the finding of the Tribunal whereby it agreed with the view taken by the Income-tax Officer was inconsistent with the earlier finding referred to above. It is true that at one place the Tr .....

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..... t of the partition of 1942, only Ramjiyawan separated and the other sons of Ishwardin continued to remain with him so that the bigger family of Mewalal and Munnilal and Ishwardin continued thereafter. Again, in para. 9 of his judgment, the Commissioner of Income-tax has pointed out that both Mewalal and Munnilal in their statements before the Income-tax Officer, Satna, recorded on December 11, 1975, and November 26, 1975, stated in categorical terms that the result of the partition of 1942 was that only Ramjiyawan separated and that these two brothers continued to live with their father, Ishwardin. The Commissioner of Income-tax has also pointed out that the case records revealed that in the order-sheet dated February 17, 1962, a questio .....

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