P. Sugunakara Reddy v. Assistant Director of Income-tax (Investigation) & Others
2008-08-26
R.BANUMATHI
body2008
DigiLaw.ai
Judgment :- The writ petition has been filed to release the seized assets and to pay the refunds due on such reasonable terms. 2. Petitioners residential premises at 1/1, Kothari road, Nungambakkam was subjected to action under Sec. 132 of I.T.Act on 25.06.1992.In the search, 2603,9 grams of gold and jewellery and cash of Rs.75,000/-were found. According to the Department assessee could account for only 1719 grams and 900 grams was unaccounted. Based on assessees statement 704.8 grams were seized that apart Department also seized cash of Rs.75,000/-. 3. The Income Tax Appellate Tribunal by the order dated 212. 2004, allowed the appeal filed by the writ petitioner. Consequent to the Income Tax Appellate Tribunal the Petitioner has now filed this writ petition seeking for appropriate direction to return the seized jewellery and the cash. 4. In para 5 of the counter the Department has stated that on verification of records that the following demands are outstanding for payment by the assessee. Asst Year Amount 1993-94 4,19,340 2000-01 1,32,422 2003-04 14,310 2007-08 2,470 5. Learned counsel for the Department would submit that in accordance with Section 132B of the I.T.Act 1961, the assets seized under Section 132B of the I.T.Act can be appropriated towards tax liability of the assessee. Therefore as per Section 132B the Department is retaining the seized goods and the cash. 6. Learned counsel for the Petitioner Dr. Anita Sumanth, has submitted that apart from the seized jewellery and cash there are also certain amounts which are to be refunded to the Petitioner. 7. Having regard to the submissions of both sides it would be appropriate to direct the Petitioner to file statement before the Assessing Officer for the years 1993-94,2000-01,2003-04 and 2007-08. On verification, the Assessing Officer shall pass appropriate orders within a period of six weeks from the date of receipt of a copy of the order. 8.With the above said directions the writ petition is disposed of. No order as to costs.