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TaxTMI 
TaxTMI 
TaxTMI 
2019 (9) TMI 247
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....he appellants and three by the Revenue, are being disposed of by a common order as they arise out of the same set of facts and circumstances and from the same impugned orders. 2. As per facts on record, Income Tax department operated one bank locker which was in the common name of Smt. Disha Tulsiani and Sri Nirmal Tulsiani. Search of the same resulted in recovery of three gold bars of foreign origin along with a piece of gold totally weighing around 3.5 Kgs.. The said recovered gold of foreign origin was handed over by Income Tax authorities to DRI for further action under the Customs Act, 1962. Along with handing over the seized gold, the copies of the statements dated 17 November 2016 and 20 December 2016 of Sri Nirmal Tulsiani and date....
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....ulsiani that the Will in question has not given any details of the gold bars like Sl.No., make, purity etc.. The said Will was executed in the year 2010 after death of her grand-mother through her father Sri Ashok Kr. Tahlani, who was the executor of the Will. The officers further sought information from the office of the Additional Registrar of Assurance, Kolkata seeking details of registration of the Will and it was found that the same was not registered. The officers entertained certain doubts about the said Will and were of the view that the gold bars in question were not covered by the said Will. Accordingly proceedings were initiated against the appellants for confiscation of the gold bar in question as also for imposition of penaltie....
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....missioner(Appeals) stand appealed against by the appellants. Revenue is also in appeal against that part of the order vide which the absolute confiscation stand converted into option to redeem the same. 6. After hearing both sides duly represented by Shri Aneesh Mittal, learned Advocate along with Shri Ashish Bansal, learned Advocate and Shri Akash Garg, learned Advocate for the appellants and Shri Sandeep Kumar Singh, learned Dy.Commissioner (A.R.) for the Revenue, we find that the gold bars in question were originally recovered by the Income Tax authorities during the operation of the bank locker belonging to Smt.Disha Tulsiani and Sri Nirmal Tulsiani. It is also on record that the said two appellants, even before the operation of the sa....
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....ands mentioned that the gold bullion weighing 3 kgs. is being given to her grand-daughter Smt.Disha Tulsiani in view of the last wishes of her husband. One gold bar of 1 kg. shall belong to her grand-daughter Chetna, who is now known as Smt.Disha Tulsiani; anther gold bar weighing 1 kg. is meant for being given as gift to Smt.Disha Tulsiani's son at the time of his marriage and the third gold bar should be given to Sri Nirmal Tulsiani, husband of Smt.Disha Tulsiani. The said Will is Notarized by the Notary and stand probated n the court of District Delegate Civil/Senior Division, Alipore. 8. Though the said Will was produced by the appellant before the Income Tax authorities at the time of operation of their bank locker as also before the ....
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....e of the Will before the Income Tax authorities, there was no endorsement on the back side of the stamp paper showing various details. Subsequently the appellants have produced a photocopy of the full Will along with back sides wherein all the details i.e. date of purchase, name of the purchaser etc. stand given. Similarly the Revenue's objection is that the Will is not registered. The appellants contention is that Will does not require any registration under the Registration Act and the same was Notarized as is clear from the stamp of the Notary Public, who is an officer of the court. Revenue has further sought to dislodge the appellant's claim of having received the gold bars under the said Will by submitting that she has not filed any ....
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....ng with signatures of the beneficiaries and the executor Shri Ashok Kumar Tahlani. The said Will which was executed in the year 2005 was duly Notarized and stand probated also. Revenue has not established that the Will produced before them was a fraud or a fake document. Except referring to the fact that original copy of the Will was not produced and there was no stamp number on the stamp paper etc., they have not, by concrete evidence, proved that the Will produced before the authorities was a fabricated one. No investigations, no enquiries stand made from the Notary, who Notarized the Will or from the office of the District Magistrate, where the same was probated. As such we are of the view that Revenue's endeavor to discard the said Will....