9911796707
TMI Blog1982 (8) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 47,907 in cash and jewellery worth Rs. 52.550 was found. The ITO considering that the assessee had disclosed jewellery worth Rs. 21,000 in her wealth-tax return, worked out the jewellery held by the lady-assessee on the date of search at Rs. 54,310 and made an addition of Rs. 33,310 on account of unexplained jewellery whereas that of Rs. 47,000 on account of unexplained cash. 3. When the matter was carried by the assessee in her first appeal before the AAC for the reasons given by her in her order, she deleted the addition on account of unexplained cash amounting to Rs. 47,000 whereas on account of jewellery, she deleted only a sum of Rs. 6,660 and confirmed the addition of Rs. 26,650. 4. It is this order of the AAC which left bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee, her husband and other partners are perused, it would be clear that at no stage any question regarding utilisation of the said jewellery left by the assessee's mother-in-law was put to the assessee. Under the circumstances, according to him, the Revenue should have believed the assessee's statement rather than disbelieving the same in respect of the issues pertaining to jewellery found with the assessee in the course of search. 5. The ld. Deptl. Rep. Sh. R.S. Khichi on the other hand, in respect of the issue pertaining to addition on account of unexplained jewellery relied on the order of the AAC whereas in respect of the addition on account of unexplained cash, he submitted that statement of the assessee made originally at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder : (i) A sum of Rs. 25,000 was brought by my brother-in-law Sh. Brij Mohan on the previous night of the date of search from the shop; (ii) A sum of Rs. 20,000 was delivered to me by my nephew Sh. Mohinder Kumar early in the morning on the date of search; and (iii) The balance amount of Rs. 2,907 was available with me out of my pin-money." With this explanation, when we look to her statement dt. 4th July, 1977 placed of the Revenue's compilation, she unequivocally states that Rs. 25,000 was given by Brij Mohan and Rs. 20,000 was given by Mohinder Kumar and balance amount of Rs. 2,907 belonged to her, which would be clear from the following question and answer: "Q. Wherefrom did you raise the cash amount of Rs. 47,907 found ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e no knowledge of the same" Affidavit of Mohinder Kumar pleaded of the assessee's compilation reads as under: "That I also handed over a sum of Rs. 20,000 to my aunt Smt. Lila Wati W/o Sh. Sarup Chand on the early morning of 20th April, 1977." Regarding the assessee's original statement recorded at the time of search when on the same date, i.e., on 30th April, 1977, her husband was examined, question Nos. 6 and 9 and answers to the same are relevant which read as under: "Q.6. A cash amount of Rs. 47,907 was found during the course of search which your wife has claimed as belonging to her. What do you say about that? A. I do not agree with her statement although I was also present at that time. Q.9. Have you any comments to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00 is lying with my uncle Sh. Dewan Chand at his residence. I had given a sum of Rs. 20,000 to my other uncle Sh. Sarup Chand. Q. 6. This explains a sum of Rs. 55,000 where is the balance amount of Rs. 8,078. Kindly reconcile the two amounts and explain where the amount is now? Ans. A sum of Rs. 8,000 has been given to my brother-in-law Sh. Kailash Chand Gupta C/o Bishan Dass Choku Ram today in the morning. My brother-in-law came at about 7.30 a.m. today, he was going to Delhi, he left at 8 a.m. Q. 7. Have you any evidence that you gave Rs. 8,000 in the morning to your brother in-law? Ans. He was alone in my room at that time. Hence I have no evidence. Q. 8. Where was your wife at that time? Ans. My wife was upstairs. She ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion at the time of marriages of the children of the daughters of the mother-in-law of the undersigned (assessee)". Vide affidavit dt. 2nd July, 1977, the assessee again re-asserted as under: "That my mother-in-law Smt. Dwarki Devi during her life-time entrusted me with two karas, four chains of gold, five sovereigns and two silver bricks with the specified direction for customary presentation at the time of marriages of the children of her daughters." Again when she was examined on oath on 4th July, 1977, relevant question and answer in respect of the issue under dispute read as under: "Q. While explaining the source of jewellery found in your possession, you have stated that the following items had been entrusted to you by your mo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
