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2014 (4) TMI 1209 - GUJARAT HIGH COURTCurrency notes seized by the police during the search and seizure - Income Tax authorities entitlement to receive tax on the seized amount, but currency notes are not to be handed over to the authority - Held that:- Considering the provisions of Sections 132A(2), 132B and 153A of the Income Tax Act, 1961 and the case relied by the learned Senior Advocate for the applicant – Department, I am of the view that the impugned order is contrary to the provisions of the Income Tax Act, 1961 and currency notes seized by the police during the search and seizure in exercise of powers under Prohibition of Gambling Act, deserves to be handed over to the Income Tax Department. Accordingly, order dated 28.06.2013 passed by the learned Metropolitan Magistrate, Court No.22, Ahmedabad in Misc. Application No.108 of 2013 is hereby quashed and set aside and the Incharge Police Officer of Ellisbridge Police Station, Ahmedabad shall hand over muddamal being currency notes of ₹ 4,78,356/and ₹ 36,30,990/to the concerned officer of the petitioner – department.
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