2003 (7) TMI 19

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...., 2002, carrying with him gold jewellery weighing 3,934.410 grams valued at Rs. 17,50,808. He went to the shop of M/s. Shrinagar Jewellers at Bhopal on June 13, 2002, when an income-tax raid took place in that shop. Amongst others, the jewellery which Rajiv Kapoor was carrying with him was also seized along with bill books, vouchers, etc., by the income-tax authorities from the shop of M/s. Shrinagar Jewellers, Bhopal. The officer dealing with the case of M/s. Shrinagar Jewellers, Bhopal, recorded a prima facie finding that the jewellery seized from Rajiv Kapoor did not belong to M/s. Shrinagar Jewellers and that it is the unaccounted jewellery of M/s. J. L. Kapoor and Sons, Amritsar, of which Rajiv Kapoor was a representative. After record....

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.... Assessing Officer of J. L. Kapoor and Sons at Amritsar should examine the books of account including the stock register and record a finding whether the seized jewellery lying at Bhopal had been accounted for by J. L. Kapoor and Sons in its books of account or not. We, therefore, direct the petitioner to appear before his assessing authority at Amritsar on March 10, 2003, at 10.30 a.m. along with the books of account including the stock register and such other evidence which he may like to produce before the assessing authority. The assessing authority will examine the books of account and other material that may be produced before him and record a finding whether the jewellery, seized from Rajiv Kapoor which is presently lying at Bhopal, ....

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....e while deciding the question relating to release of the jewellery, respondent No. 2 failed to consider the material produced by the petitioner and gravely erred in appreciating the entries recorded in the stock register. A reading of the impugned order shows that Shri J. P. Bhatia, advocate, had appeared before respondent No. 2 and produced the following documents: "1. Copy of High Court order as mentioned above. 2. Copy of impounding order. 3. Original affidavit of Shri Om Parkash Mehta, Shri Jagdish Mitter and Shri Atul Mehra. 4. Photo copies of vouchers issued by M/s. Mehta Artist Jewellers, M/s. Jagdish Mitter Jewellers and M/s. Atul Enterprises. 5. Letter written by Shri K. S. Talwar, Assistant Commissioner of Income-ta....