TaxTMI 
TaxTMI 
2000 (9) TMI 80
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....rol) Act, as it's name indicates, deals with gold and, therefore anything other than gold should be excluded while considering the obligations of persons under that Act. 2.The petitioner was possessed of gold ornaments which exceeded in weight 4000 gms. A declaration in respect of such ornaments not having been made, and that fact having subsequently come to light, an order of confiscation had be....
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....d" is defined in Section 2(j) of the Act as meaning gold including its alloy (whether virgin, melted or re-melted, wrought or unwrought) in any shape or form, of a purity of not less than nine carats and includes primary gold, article and ornament. 4."Ornament" is defined in Section 2(o) of the Act to mean a thing, in a finished form, meant for personal adornment or for the adornment of any idol ....
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...., possessed, held or controlled by him. 6.Sub-section (5) of that Section exempted persons owning or ornaments of gold from making declaration inter alia in cases where as provided in sub-section 5(3)(b)(ii) of the Act. The articles and ornaments where both articles or ornaments are owned, possessed, held or controlled by a family does not exceed four thousand grammes. 7.Neither Section 16 of th....
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....r articles such as gems and pearls or other articles. The Act was intended to be made applicable to gold in whatever form it was held, and the Act has dealt with ornaments made of gold, as also gold itself. The Act does not provide for excluding the weight of the gem or the pearl or other article used in association with gold for determining the obligation of a person owning such ornament to file ....