COMMISSIONER OF INCOME TAX Vs. LAL CHAND AGARWAL

JUDGEMENT

(1.) THIS appeal is directed against the order of the Tribunal dated July 31, 2000.

(2.) A search operation was carried out on July 7 and 8, 1987, in the residential premises of the assessee situated at Katla Purohitji, Jaipur. The residence was jointly occupied by the assessee and his two brothers, namely, Ghanshyam Das Agarwal and Goverdhan Das Agarwal, and also their mother, Smt. Radha Devi. During the course of search, some cash, gold ornaments and certain jewellery were seized, as per annexure C-14. Some jewellery was also found in addition to the jewellery seized, which was however released. The list of the jewellery is as per annexure D-4. The assessee has made a surrender of income of Rs. 9,28,516 during the course of search. Some time after the search, the Gold Control authorities attached jewellery belonging to the assessee kept in a locker. This jewellery was valued at Rs. 13,57,900. Again that was revalued by the Gold Control authorities at Rs. 7,985 only. The total income of the assessee was assessed at Rs. 17,57,580, as one-third of the total seized cash, jewellery and gold and silver articles had been assessed in the hands of the assessee and his two brothers.

(3.) IN appeal before the Tribunal, the Tribunal found that there was no direction of the Commissioner of INcome-tax (Appeals) in the first round, regarding the valuation of jewellery found in the locker of Smt. Radha Devi, nor was the assessment order set aside in toto with a direction to make a fresh assessment nor was that jewellery the subject matter in the original assessment, therefore, the Tribunal held that the INcome-tax Officer has gone beyond the directions of the Commissioner of INcome-tax (Appeals) in order dated March 13, 1992, therefore, the addition made by the INcome-tax Officer, on the fresh ground that addition is deleted.