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TMI Blog2019 (8) TMI 305X X X X Extracts X X X X X X X X Extracts X X X X ..... eports 'B' & 'C' is same as claimed by the assessee by relying on the invoices - Annexures - 'F' & 'G'? (ii) Whether tribunal was correct in not relying upon the decisions rendered by it in ITA No.102/BANG/2016, ITA No.103/BANG/2016, ITA No.105(B)/2016 and ITA No.1509/BANG/2015 under facts identical as pleaded by the appellants in the instant case? BACKGROUND OF THE CASE: 2. Appellants voluntarily disclosed gold and diamond jewellery under Section 65(1) of VDIS 1997, which was accompanied by a valuation report in respect of declared items, reflecting item-wise weight with other particulars. The declaration as submitted by the appellants came to be accepted by the Commissioner of Income Tax and a Certificate under Section 68(2) of VDIS 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i.Manoj D. Pukale for appellants and Sri. Y.V. Raviraj, learned panel counsel appearing for respondent. We have perused the orders under challenge. 5. Findings of the authorities to reject the claim of appellants was on the ground that tenants - Balaji Refinery, Mahalakshmi Jewellers and Sheetal Exports, who had smelted the gold belonging to appellants were not occupying the premises reflected in the invoices. It was also held that assessees had not examined any person from the above said jewellery firms to establish gold declared under VDIS had been smelted by him. It was also held that description of gold purity, diamond carat, colour and cut are not mentioned in the sale invoices. It is also held that affidavit of Chaganlal - Proprietor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessing officer to confront the said evidence to the assessees and after eliciting the say of assessees, he could have either rejected the same or accepted. However, such an exercise was not undertaken. But on the other hand, evidence which is said to have been collected during the course of enquiry, is sought to be used against assessees to disallow the claim without extending any opportunity to assessees to rebut the same. It is not the case of the assessing officer that either the weight or gold sold by the assessees after smelting is different from the jewellery declared by the assessees in their declaration filed under Section 65(1) of VDIS 1997. In fact, initial burden cast on the assessee has been discharged by establishing and pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hubli. Assessees were repeatedly questioned about this during the course of second round of proceedings. Inspector's report relied on by the AO was based on an enquiry done more than 15 years after the event. There was no way assessees could ensure that M/s. Balaji Refinery continued to do its business all through. Much reliance has been placed by the AO on a letter issued by Gold and Silver Refinery Welfare Association, Hubli, wherein it was mentioned that no refinery called M/s. Balaji Refinery, did any refinery work in Hubli since 15 years. However, it is not necessary that every refinery should be member of an association. A glance at the bill issued by M/s. Balaji Refinery does show that it was holding a licence. A look at the purchase ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts had dismissed the appeal of the assessee and confirmed the order of ITO/CIT(A) and held that assessee had failed to establish that sold diamonds are VDIS declared items on account of number of pieces of diamond, their size, cut and colour of the sold diamonds was not verifiable. However, assessee had filed Misc.Petition No.91(B)/2016 which came to be allowed after having brought to the notice of the tribunal that claim of the assessee was similarly placed to that of assessee in the matter of SMT.MANJULADEVI. Thus, it is evident from the above orders, even in respect of other assessees who had filed declaration under Section 65(1) of VDIS 1997 during same period had enclosed the valuation reports as similar and identical to the valuation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lakshmi Jewellery and M/s.Sheetal Exports. As such, tribunal was not justified in not applying the ratio of its own orders rendered in several matters which have been referred to herein above. In fact, tribunal in its various decisions rendered in respect of the assessees who are similarly placed, who also contended that gold declared by them under VDIS had been smelted through Balaji Refinery and sold thereafter to Mahalakshmi Jewellers had been accepted in the following cases: Appeal Number Appellant Resp Order Dt ITA.77/Bang/2016 Sri Ghisulal Chopra ITO 30/06/16 ITA.80/Bang/2016 Smt Vimaladevi Doshi ITO 30/06/16 ITA.81/Bang/2016 Sri Shyam B Habib ITO 30/06/16 ITA.84/Bang/2016 Smt.Sabita Kallianpurkar ITO 30/06/16 ITA ..... X X X X Extracts X X X X X X X X Extracts X X X X
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