1986 (6) TMI 55 - AT - Income Tax

Tribunal upholds notice validity, remands gold ornaments dispute for fresh consideration

The Tribunal held that the notice issued under section 148 was valid despite being in a different name due to the mention of both names in the partnership ... - Issues:1. Validity of the notice issued under section 1482. Accounting of gold ornaments seized by Gold Control AuthoritiesIssue 1: Validity of the notice issued under section 148:The appeal by the Revenue contested the decision of the ld. AAC regarding the validity of the proceedings under section 148 due to an allegedly invalid notice. The notice was issued in the name of Hari Prasad Gopi Krishna, whereas the correct name of the assessee was Gopi Krishna & Co. The Departmental Representative argued that the notice was correctly issued in the name of the assessee, as Hari Prasad Gopi Krishna was also the name of the branch of the assessee. The partnership deed of the assessee mentioned both names, indicating that there was no confusion regarding the identity of the assessee. The Department relied on section 292B of the Act to support the validity of the notice. The representative of the assessee, however, contended that the notice was invalid and illegal as it was issued in the wrong name, citing various case laws to support this argument. The Tribunal analyzed the facts and held that the notice was not vague or invalid, considering the partnership deed and the clear provisions of section 292B. Therefore, the proceeding under section 148 was deemed valid.Issue 2: Accounting of gold ornaments seized by Gold Control Authorities:The appeal also challenged the decision of the ld. AAC regarding the accounting of 703.500 gms. gold ornaments seized by the Gold Control Authorities. The Departmental Representative argued that the ornaments were not duly accounted for in the books of accounts, as the assessee failed to produce the stock register to prove their contention. The Gold Control Administrator imposed penalties due to unexplained ornaments. The representative of the assessee claimed that the relevant books were in possession of the Central Excise Department at the time, making it impossible for the assessee to present them before the ITO. The Tribunal found that the AAC accepted the assessee's plea without allowing the ITO to examine the registers maintained in Form nos. 11 and 12 of the Gold Control Act. Consequently, the orders of the authorities were set aside, and the issue was remanded to the ITO for fresh consideration after examining the registers. The ITO was directed to obtain the registers from the Central Excise Department for a thorough examination, providing the assessee an opportunity for a hearing.In conclusion, the appeal of the Department was deemed allowed, with the Tribunal providing detailed analysis and directions on both issues raised in the appeal.