Ajoy Nath Ray, J. - (1.) THE two questions which have been referred to us by reason of our order passed under Section 256(2) relate to the exemption which the lady assessee claimed in regard to the assessmnet year 1981-82 for sale of her personal effects.
(2.) IT is not in dispute that the personal effects were all silver utensils. It is also not in dispute that those utensils were sold by the assessee and that the total weight of those items came to about 51.5 kg. The full details including challans were produced by the assessee, not at the very first level of assessment, but only ultimately before the Tribunal This again is not disputed. But that the challans were produced before the Tribunal is also not a point in dispute. In the statement of case forwarded to us by the Tribunal, they have included those challans showing the details of the items sold.
(3.) THE questions were as follows : " (i) Whether, on the facts and in the circumstances of the case, the Tribunal has misdirected itself in considering the sale bills only without the corresponding letter/challans of the silver utensils sold wherein the details were mentioned resulting in the miscarriage of justice ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the silver utensils sold by the assessee during the previous year were not personal effects within the meaning of Section 2(14) of the Income-tax Act ?" We propose to take the two questions serially. So far as the first one is concerned, Mr. Bajoria submitted that although the challans giving the details of the utensils sold were before the Tribunal, yet, without considering those comprehensive details, the Tribunal opined that the evidence produced before the lower authorities as well as before them did not establish that the silver utensils sold by the assessee during the previous year were personal effects. Mr. Bajoria submitted that the Tribunal recorded in no uncertain terms that the details were not furnished to the Tribunal, whereas in fact those details were furnished.;