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2015 (11) TMI 283 - GUJARAT HIGH COURT

2015 (11) TMI 283 - GUJARAT HIGH COURT - TMI - Authorization issued u/s 132A - silver ornaments weighing 228.140 KG came to be seized - Held that:- It is apparent that the silver ornaments weighing 228.140 KG came to be seized by the respondent authorities in exercise of powers under section 132A of the Income Tax Act, 1961 in the financial year 2011- 2012. Thereafter, the assessment came to be framed by the Assessing Officer of the petitioner at Varanasi for assessment year 2012-13, whereby aft .....

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n view of the assessment orders made in the case of the petitioner, the respondent authorities can no longer continue with the seizure of the ornaments in question and the same are required to forthwith be returned to the petitioner.

For the foregoing reasons, the petition partly succeeds and is, accordingly, allowed to the following extent : The respondent authorities are directed to forthwith hand over the seized silver ornaments to the petitioner within a period of four weeks from .....

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therefore prays that this Hon ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, direction or order and be pleased to: (a) Quash and set aside the action of the Respondents in seizing the property of the petitioner, either without any authorization issued u/s 132A of the Income Tax Act, 1961 OR if there be any such authorization to quash and set aside the same being wit .....

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rchased 104.36 KG silver ornaments on 17.09.2011 from Dashrath Silver Art Pvt. Ltd. with whom the petitioner had regular business transactions. The said ornaments were purchased through bills and value added tax was duly paid according to applicable laws. On 23.09.2011, the authorized person of the petitioner was searched by Railway Police while he was carrying the purchased silver ornaments back to Varanasi. During the search, the authorized person of the petitioner was found to be in possessio .....

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st such seizure, the petitioner made several representations to the income tax authorities and ultimately, filed the present petition seeking the reliefs noted hereinabove. 3. Mr. S. N. Soparkar, Senior Advocate, learned counsel for the petitioners invited the attention of the court to the additional affidavit dated 25th April, 2015 made on behalf of the petitioner, indicating that subsequently in relation to the assessment year in question, the assessment came to be framed by the concerned Asse .....

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