1987 (1) TMI 152

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....of gold jewellery which was found in the assessee's residential premises at the time of search thereof by the Customs authorities and seized by them. According to the assessee, the jewellery and gold ornaments so seized belong to late Rajmata Nand Kuwarbai, the mother of the assessee and that they were gifted by her in the year 1954 or so to her daughter, two grand sons and daughter in law in equal shares and that, therefore, it was wrong to include the same in the assessee's wealth. In support of his case, the assessee relied upon the orders of the Addl. Distt. Judge. Datia (MP) dt.3rd April, 1978in case No. 7A, 8A and 9A/77 and order dt.25th Sept., 1978of District Judge, Datia, in Civil Suit No. 34A/78 wherein the aforesaid plea of the as....

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....aments had not claim as the suits were decided against him i.e. Shri Balbhadra Singh. As a matter of fact, had these donees been the real owners of the jewellery, they should have filed these suits simultaneously along with Shri Balbhadra Singh and even Shri Balbadra Singh should have been made one of the defendants. The mere fact that the suits were filed in the year 1977 indicates that it was only an after thought to save the jewellery and gold ornaments from the clutches of taxation." 3. The present appeals have been filed by the assessee against the aforesaid finding of the ld, AAC. It was the plea of the assessee's ld. counsel before us that the assessee before his death made but a Will and that in the said Will, there is no mention....

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.... been able to show to us any additional facts on the basis of which it should be possible for us to take a different view in the matter. The Will of November, 1972 of the deceased assessee on which reliance is placed by the assessee's counsel is not, in our opinion, relevant for the said Will has been written after the seizure of the jewellery etc. in May, 1963 by the Gold Control authorities. The non-mentioning of the jewellery in the Will is thus not an evidence of the said jewellery not belonging to the assessee for the owner ship of the said asset devolved on the assessee as per the Will of the father in 1941. After the seizure thereof, the assessee has been taking the plea that the said jewellery did not belong to him but to other pers....