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2023 (8) TMI 95 - BOMBAY HIGH COURTUnexplained money u/s 69-A - Petition sought return of the amount which was seized under Panchnama - ITAT accepted observed that the cash seized from Petitioner is the professional income and therefore cannot be treated as unexplained income - HELD THAT:- It is of utmost importance that Revenue Officers are bound by the decisions of the Appellate Authority. Order of the Appellate Commissioner is binding on the Assistant Commissioner and the order of the Tribunal is binding upon the Additional Commissioner and below. The principal of juridical discipline requires that orders of the higher appellate authority should be followed by the subordinate authorities. For the affiant – Ambernath B. Khule to state that the ITAT erred and the Court should not consider the order of the ITAT is highly objectionable. If the Officers of the Income Tax Department are allowed to continue this way, it will result only in undue harassment to assessees and chaos in administration of tax laws. Thus Hon’ble Court be pleased to issue a Writ of Mandamus and/or any other Writ, Order or Direction in the nature of Mandamus directing the Respondents to return amount of Rs. 16 lakhs seized from the Petitioner on 17.7.2018. The amount shall be returned on or before 31st August 2023. If this amount is not returned to Petitioner by the department on or before 31st August 2023, Petitioner shall be paid interest on this amount from 12th May 2023, the date of pronouncement of the order by ITAT until payment/realization.
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