| Citation(s) |
|---|
| 2014 SLG 2241 2014 SLD 2241 (2014) 369 ITR 180 |
I.T.T.A No. 120 of 2003, SEPTEMBER 16, 2014
L. NARASIMHA REDDY AND CHALLA KODANDA RAM, JJ
J.V. Prasad, Sr. Standing Counsel for IT for the Appellant. Y. Ratnakar for the
Respondent
Commissioner of INCOME TAX, Hyderabad
v.
Tilak Raj Kumar
Law:
Section:
JUDGMENT L. Narasimha Reddy, J. - These three appeals arise under similar circumstances and the respondents are from the same family. Hence, they are disposed of through a common order. 2. The respondent in I. T. T. A. No. 132 of 2003 is the Hindu undivided family (HUF). The respondent in I. T. T. A. No. 229 of 2003 is the kartha of the family, who, in turn, is an independent assessee. Similarly, the respondent in I. T. T. A. No. 120 of 2003 is a member of the Hindu undivided family, and he is also an independent assessee. All the three assessees have availed of the benefit under the Voluntary Disclosure of Income Scheme (VDIS) and declared items, which are mostly of jewellery, namely, gold and diamonds. For example, the value of the gold declared by the kartha of the family, by name Harish Kumar, was Rs. 2,64,040, and that of diamonds-Rs. 16,38,700. Similarly, the value of the gold disclosed by the other assessee, Tilak Raj Kumar, was Rs. 1,57,028 and that of diamonds - Rs. 1,16,000. Certificates of disclosure were also furnished to them. 3. All the three assessees are said to have sold away the jewellery declared by them under the VDIS. While the gold is said to have sold at Hyderabad, the diamonds are said to have been separated from the ornaments and sold at Surat. The sale proceeds of the jewellery were shown in the respective returns, as capital gains, for the assessment year 1998-99. The Assessing Officer believed the transaction of sale of gold at Hyderabad but doubted the genuinity of the sale of diamonds at Surat. After conducting a detailed enquiry, he disbelieved that and treated the amount shown as sale proceeds of diamonds in all the three assessments, as unexplained cash credit, in the respective orders of assessment passed by him. The respondents carried the matter in appeal to the Commissioner of Income-tax (Appeals)-V, Hyderabad. The appeals were dismissed through separate orders passed in the year 2002. Thereupon, the respondents filed I. T. A. Nos. 212, 271 and 272/Hyd/2002, respectively, before the Hyderabad Bench B of the Income-tax Appellate Tribunal (for short "the Tribunal"). The Tribunal allowed I. T. A. No. 212 of 2002 through the…
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