Sri Mangaram Choudary Huf vs The Assistant Commissioner Of Income … on 21 August, 2025

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(per Hon’ble Sri Justice Narsing Rao Nandikonda)

This appeal is filed arising out of the order, dated

28.02.2008 in IT (SS) A No.65/Hyd/2005 passed by the learned

Income Tax Appellate Tribunal, Bench “B” Hyderabad (for short,

‘the Tribunal’) for the Assessment Years 1997-1998 to 2003-

2004.

2. The brief facts of the case are that the appellant has

been engaged in the business of purchase and sale of gold and

silver articles under the name and style of M/s.Choudhary

Jewellery and Silver Palace. It is stated that as on today, the

appellant is looking after the business as Karta of Hindu

Undivided Family (HUF). While so, a survey was conducted

under Section 133 A of the Income Tax Act, 1961 (for short, ‘the

Act, 1961’) on 21.03.2003 at the business premises of the

appellant and found excess stock of gold and silver articles

worth Rs.47,97,837/- and the same was admitted by the

PSK,J&NNR,J
ITTA_275_2008

appellant in his sworn statement. Pursuant to the same, a

warrant of search under Section 132 of the Act, 1961 was issued

by the Director of Income Tax (Investigation), Hyderabad, which

was executed on the appellant on 21.03.2003 and the same was

finally concluded on 25.04.2003. His statement was also

recorded under Section 132 (4) of the Act, 1961 on 21.03.2003

and again on 26.03.2003, wherein he admitted that there is

excess stock of gold and silver articles worth Rs.47,97,837/-,

which was not disclosed in the regular books of accounts.

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