TMI Blog1980 (2) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... rence is Smt. Sonal K. Amin. The assessment year is 1971-72 and the relevant valuation date is 30th October, 1970. The WTO, by order dated 29th March, 1972, included Rs. 50,000 in the net wealth of the assessee as value of ornaments and jewellery. The order was maintained by the AAC. The Tribunal accepted the assessee's appeal and held that the gold and silver ornaments, as distinguished from jewellery, were not includible in the net wealth being articles of personal use. The Tribunal remanded the case to the WTO for examining the correctness of the claim of the assessee in respect of such ornaments and to exclude their value from the net wealth. On an application made by the CWT, the Tribunal has referred the question which we have set out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee, but not including jewellery. " The Explanation referred to above which was also added by the same Act with effect from 1st April, 1972, is as under: " Explanation 1.-For the purposes of this clause and clause (xiii), jewellery' includes (a) ornaments made of gold, silver, platinum or any other precious metal or any alloy containing one or more of such precious metals, whether or not containing any precious or semi-precious stone, and whether or not worked or sewn into any wearing apparel; (b) precious or semi-precious stones, whether or not set in any furniture, utensil or other article or worked or sewn into any wearing apparel." Explanation I set out above was not applicable for the assessment year with which we a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The meaning of cl. (viii) and the word " jewellery " has to be found out without the aid of the Explanation. The compact edition of the Oxford English Dictionary, Vol. I, p. 1508, gives the following meaning of " jewel " and " jewellery " : " 'Jewel' : An article of value used for adornment, chiefly of the person; a costly ornament, espone made of gold, silver, or precious stones. Obs. in general sense; now restricted to a small ornament containing a precious stone or stones, worn for personal adornment." " jewellery': jewellers work; gems or ornaments made or sold by jewellers; esp. precious stones in mountings ; jewels collectively or as form of adornment." In the Reader's Digest Great Encyclopedic Dictionary( Oxford Illustrated D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a matter of abundant caution. In our opinion, it was clearly added to give a wider meaning to the word " jewellery " with effect from I St April, 1972, and this wider meaning cannot be given for any prior assessment year. The very fact that the words " but not including jewellery " were retrospectively added with effect from 1St April, 1963, and the Explanation was added only with effect from I St April, 1972, by the same Finance Act gives out the clear intention of Parliament that the wider meaning given in the Explanation is not to be applied for any assessment year be ore 1st April, 1972. For the reasons given above, our answer to the question is that the Appellate Tribunal was right in allowing exemption in respect of the gold and sil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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