TMI Blog2003 (10) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... ch operation was conducted in the residential premises of Shri K.D. Paul who is the father of the assessee. Locker No. 44/1 in Canara Bank stood in the name of the assessee and Shri K.D. Paul. The Locker was also searched subsequently and prior 15 items of jewellery with identification mark KJ/1 to 15 weighing 561.110 gms. valued at Rs. 10,79,199 were found and seized. According to the assessee, the jewelleries belonged to her, her husband, mother-in-law and grandmother-in-law. In support of her contention, she produced affidavits sworn by different claimants. The explanation of the assessee was not accepted by the Assessing Officer and he made addition of the entire jewellery of Rs. 10,79,199 in the hands of the assessee as unexplained inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Counsel, that is the reason that is why Mrs. Anita Bose who is the mother-in-law of the assessee, kept her jewelleries weighing 154.860 gms. with the assessee. Smt. Chabi Dutta who is the grand-mother-in-law of the assessee, also filed her separate affidavit. Further, it was brought to our attention that they decide voluntary disclosure under the V.D.I. Scheme and the ornaments were purchased in the years 1945 to 1965. One of the reasons for not accepting the explanation of the assessee by the Assessing Officer was that in the return of income, the ornaments were not shown. In reply to that, the learned Counsel appearing on behalf of the assessee has submitted that there was no mandatory provision to disclose the ornaments in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed due to defect in that locker. This fact is supported by her letter addressed to the bank and the reply furnished by the bank against that letter copies of which have been annexed with the Paper Book which have been noticed by us. Similarly, small amount of jewellery weighing 40 gm. belonged to the grand-mother of the assessee. Being an old lady, she kept the jewellery with the assessee for safe custody. This fact is also supported by the affidavit sworn by her. Moreover, these two ladies had disclosed their jewelleries under the V.D.I. Scheme. The quantity of jewellery belonging to each person mentioned above is insignificant and not exceeding 358 gms. in each hand. It is true that an affidavit is a self-serving statement sworn by the de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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