TaxTMI 
TaxTMI 
1988 (10) TMI 208
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....ced Issue Voucher No. 2 dated 17-9-83 of his firm covering 1210.450 gms. old ornaments of 22 cts. purity. He also produced the gold jewellery being carried by him in his brief case. In the said voucher the ornaments were described as old ornaments of 22 cts. purity whereas it appeared to the authorities concerned that the jewellery was rough and semi-finished having purity more than 22 cts. Accordingly Shri Ajay Kumar Rastogi accompanied by his father Shri B.B. Rastogi who had come there to see him off, was brought to the Customs House for getting the gold jewellery examined by the experts. Accordingly, two independent witnesses both holding gold licences were called. The gold jewellery namely 19 bangles, one baby bangle, one pan with kunda and two Mohars with Persian inscription with kunda in all 23 pieces weighing 445 gms. was found to be of 23 cts. purity as certified by the witnesses by the touch stone method and did not tally with the 22 cts. purity shown in the aforesaid Issue Voucher No. 2. On being asked to produce the purchase Vouchers and G.S.-11 and G.S.-12 Registers of their firm M/s. Laxmi Enterprises, Shri Ajay Kumar Rastogi stated that this could be explained by the ....
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.... on 7-11-83. In his statement he, inter alia, stated that he is the son-in-law of Shri Raghubir Singh Goel ; that his father-in-law Shri Raghubir Singh Goel was working as 'Munim' with 'Sarafs', (gold dealers) but he did not know the name of 'Sarafs' with whom his father-in-law was working; that about month back his father-in-law Shri Raghubir Singh Goel accompanied by a fat stranger of short stature came to him and asked him to accompany them to Chandni Chowk Police Station to deposit a black handbag containing some Registers, Cheque Book and other documents; that at the first instance he declined to go but after being persuaded that there would be no harm to him, he asked them to come after a day or so since he was not feeling well; that on 11-10-83 the same fat person came to him at his residence with his father-in-law Shri Raghubir Singh Goel and on their asking second time, he accompanied them to Chandni Chowk and deposited black bag containing documents in the Police Post, Town Hall and he gave a statement there on the lines instructed by his father-in-law Shri Raghubir Singh Goel. Investigations continued. Summons for appearance on 9-11-83 and 11-11-83 were issued to the sai....
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....bogus. Consequently he ordered for the confiscation of the seized gold ornaments with an option to redeem the same on payment of redemption fine of Rs. 1,00,000/- and also imposed a penalty of Rs. 25,000/- on the appellant firm. However, the adjudicating authority exonerated 'Munim' of the firm Shri Raghubir Singh Goel holding that department failed to adduced any evidence to show his involvement in acquisition, possession, handling or transport of the seized gold. Hence the present appeal by the appellant firm only. 3. We have heard Shri Gopal Prasad, learned Consultant for the appellants and Smt. Nisha Chaturvedi, learned SDR for the respondent. 4. Shri Gopal Prasad, learned Consultant for the appellants vehemently contended that the seized gold ornaments were received from the various customers for remaking and the same were being taken by Shri Ajay Kumar Rastogi to the Mint under Issue Voucher No. 2 dated 17-9-83 to Bombay. In this connection he drew our attention to the various Vouchers and the Cash Books of the appellant firm and also to be statutory records. On this premises he submitted that the adjudicating authority erred in holding that the statutory records so pro....
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....light of this self-evident and natural behaviour of a gold dealer that the purchase vouchers numbering about 60 spread over a period of about 2-1/2 months and in the name of a large number of persons have to be looked at. One cannot expect manipulation and conspiracy with such a large number of persons and spread over such a long time. These vouchers and entries in G.S. 11 registers are corroborated by cash book entries and bank account maintained in normal course. Some of the transactions which have taken place through cheques and find mention in the cash book are duly supported by the bank account. These entries are of much previous dates (August 1986). The bank account in any manner cannot be doubted and therefore, the authenticity of the cash book having been kept in the normal course cannot also be doubted and conversely, therefore, the entries in the G.S. 11 account and the corresponding purchase vouchers which are duly reflected in the cash book should not give cause for any doubt. In the face of this voluminous documentary evidence the appellants submit that the genuineness of plea of loss of records comes out clearly. In the light of this documentary evidence, therefore, i....