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2020 (12) TMI 935 - HC - Income TaxApplication u/s 132 (B) for release of 7kg of gold seized by the authorities - HELD THAT:- There is a dispute on the factual aspects of the matter regarding ownership of the seized gold, the varying versions of the parties pertaining to the vouchers on the basis of which Respondent No.5 was carrying the gold bullion when he was apprehended, examination of evidence, regarding source of the 8kg bullion, the genuineness of the transaction etc. We also observe from impugned order as also confirmed by Counsel for Respondent No.5 that the said Respondent has filed appeal against the assessment order and that the said appeal is pending before the Commissioner of Income Tax (Appeals). Copy of the memo of the said appeal in Form 35 dated 11th January, 2019 has also been placed before this Court. In view of the pendency of appeal of Respondent No.5 before the CIT(A) Mumbai, who is the competent authority to render findings on the factual aspects of the matter, we do not deem it fit to interfere in the matter at this stage. Therefore, we decline to exercise our writ jurisdiction under Article 226 of the Constitution of India in view of pendency of the appeal before the CIT(A).
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