N.N. Mathur, J.-The Union of India being aggrieved by part of the order of the learned single judge dated May 9, 1990 (Shree Singhvi Brothers vs. Union of India [1991] 187 ITR 219), has preferred this special appea

2. Thematerial facts giving rise to the instant appeal are that the respondent Shree Singhvi Brothers, the original writ petitioner (hereinafter referred to as “the respondent”) is a registered partnership firm. It is alleged that a search was conducted at the business premises as well as the residential premises of the partners, namely, Kushal Singh and Laxman Singh, under the provisions of Section 132(1) of the Act on May 6, 1981. During the course of the search 65 kgs. of silver was found, out of which 16 kgs of silver/silver ornaments were treated as unexplained by the authorised officers of the Income-tax Department. Therefore, the Department included its value amounting to Rs. 32,000 in their income for the assessment year 1982-83 while making the regular assessment. The respondent-assessee explained that the said silver belonged to Shri Mohansingh, Shri Banshilal and Shri Abdul Mazid. After an order under Section 132(5) of the Act, the respondent-firm fil