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2016 (5) TMI 1313 - PATNA HIGH COURTUnexplained gold jewellery - search operation - Held that:- As a matter of fact, none of the figures given even in the belated explanation matches with the gold jewellery actually found in possession of the appellant. The clear stand in the submission of the assessee was that as much as 1500 gms. of gold jewellery by net weight was still lying with the appellant but much less gold jewellery have been shown in the returns filed by the family members of the appellant than what has been actually found in the course of search. A deviation between the same or inconsistency in the figures was for the assessee to explain and upon failure to do so, the explanation could have been found to be unsatisfactory by the Assessing Officer or at the appellate stage and could have been rejected, which has been done in the present matter. Before us, learned counsel for the appellant sought to argue that approximately 300 gms. net weight each shown by the two brothers of the husband of the assessee could add up to the figure of defence in the present matter. The same does not match the stand taken before the Assessing Officer and is a last ditch effort to show the consistency in a manner to seek re-appreciation of the evidence, for which the last forum of facts was the Tribunal. - Decided against the assessee.
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