9911796707
TMI Blog1994 (3) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... to the income-tax assessment of Ram Kumar Soni as a Hindu undivided family for the assessment year 1975-76. The other applications relate to the wealth-tax assessment of Ram Kumar Soni as a Hindu undivided family during 1966-67 to 1975-76. On the death of Ram Kumar Soni, his legal representatives have been impleaded as respondents. The family of Ram Kumar Soni is a goldsmith family conducting pawnbroker and money-lending business. The premises of the assessee was raided by the officers of the Central Excise Department on October 22, 1974, and gold and silver ornaments were seized from the front room of the house and from underneath the floor of the first room. Silver slabs weighing 101 kgs., silver ornaments weighing 102 kgs., primary gold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ighing 103.5 tolas and gold ornaments weighing 140 tolas were acquired by the Hindu undivided family in the assessment year 1975-76. Deduction was also given in regard to the previous karta. Thereupon, the Revenue filed an application seeking reference of the questions of law relating to silver ornaments weighing 103.5 tolas. The Tribunal dismissed the application. In parallel proceedings, the statutory authorities under the Income-tax Act applied their minds to the questions in controversy. The Income-tax Officer completed his assessment treating the entire gold and silver seized as belonging to the Hindu undivided family. In appeal by the assessee, the Commissioner modified the order and reduced the addition made by the Income-tax Office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and 214 tolas be treated as accumulation of the family over a number of years and gold ornaments weighing 383 tolas and silver ornaments weighing 2,070 tolas be treated as belonging to Phoolabai and her family. According to the Revenue, these conclusions are based entirely on surmises and not on any legally admissible material. Whether there is any legally admissible material in reaching a find ing can be regarded as a question of law. The Tribunal was in serious error in refusing to state a case for the consideration of the High Court. We, therefore, allow the application and direct the Appellate Tribunal in each of these cases to state the cases to the High Court in terms of section 256(2) of the Income-tax Act, 1961, and section 27(3 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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