2023 (9) TMI 760 - BOMBAY HIGH COURT

Return of cash seized by department u/s 132A - inaction of the Revenue in not even obeying and complying with the orders and directions passed by ITAT as well as PCIT - seeking direction to the Revenue to return the amount as seized together with interest for pre-assessment period as well as post-assessment period until the date of payment - seized gold were handed over but the cash was not returned - HELD THAT:- As there has been an inordinate delay. Notwithstanding the order of the ITAT which attained finality on 25th September 2014, the Revenue did not consider it fit to return the cash of Rs. 2,60,000/- that was seized on or about 9th July 1996. Even after the PCIT passed the order on 31st December 2019 under Section 132B of the Act, the Revenue did not consider it fit to process and refund the amount. Even after the Petition was filed and served and the lawyer appeared for the Revenue, still the Revenue did not consider it fit to return the money. Therefore, in our case this is nothing but a clear case of high handedness on the part of the officers of the Revenue.

This is a fit and proper case in which action should be initiated against all the officers concerned who were all in charge of this case at the appropriate and relevant point of time and particularly after 25th September 2014 and in any case after 31st December 2019 and most certainly after the Petition was filed and because of their inaction, Petitioner was made to suffer both financially and mentally.

Admittedly, the amount of Rs. 2,60,000/- was to be refunded to Petitioner when the order dated 25th September 2014 passed by the ITAT attained finality. A copy of this judgment be forwarded to the Prime Minister’s office and to Hon’ble Minister for Finance for perusal and further appropriate action against erring officials on whose lethargic and adamant attitude the Department has to suffer financially. According to the computation of income tendered by Mr. Sharma, interest amount payable was Rs. 5,50,983/-. The Interest as on 24th September 2014 payable was Rs. 4,10,583/-. Any amount that is payable to Petitioner in excess of Rs. 4,10,583/- towards interest may be recovered from the erring officials together with interest thereon at 12% p.a. by the Government of India.

Petitioner, therefore, will be entitled to interest at 12% p.a. for the post-assessment period, i.e., from 25th September 2014 until payment/realization.