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2016 (8) TMI 648 - MADRAS HIGH COURT

2016 (8) TMI 648 - MADRAS HIGH COURT - TMI - Release of jewellery to the petitioner seized during the course of search - Held that:- As could be seen from the statement given by the 4th respondent on 25.05.1996 in reply to question no.30, the 4th respondent would state that out of 1,241 grams of jewels, 600 grams belongs to his wife and the remaining belongs to his sister and mother (petitioner) and it does not include the 20 grams of gold jewellery owned by his sister, apart from the 400 gms of .....

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ner. Therefore, the petitioner has to necessarily avail the remedies which are available to her under the provisions of the Act, more so in the light of the statements given by her kith and kin namely, sons, daughter and daughter-in-law. Therefore, this Court is not inclined to issue a Writ of Mandamus as sought for. Accordingly, the Writ Petition stands dismissed. However, there shall be a direction to the 1st respondent to consider the petitioner's representation dated 09.12.2013 along with th .....

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d Mr.K.Ravi, learned counsel for the petitioner and Mr.T.Pramod Kumar Chopda learned standing counsel for the respondents 1 to 3/ department and Mr.K.S.Guruprasadh for 4th respondent. 2. In this Writ Petition, the petitioner seeks for a direction upon the respondents to forthwith release the jewellery to the petitioner, which were seized during the course of search during September 1996 and recorded in the panchanama dated 27.09.1996. 3. It is rather surprising to note as to why the petitioner, .....

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ry of jewellery found/seized. (ii) Secondly, it is contended that there is no tax arrears in so far as the petitioner is concerned and the petitioner's immovable properties are said to have been released from attachment by the Income Tax Department. 6. Admittedly, the petitioner has not signed the inventory, but it has been signed by the petitioner's son, 4th respondent. The learned counsel for the petitioner referred to the panchanama, wherein it has been stated in the column of items c .....

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eral dates and the first respondent has filed a counter affidavit. 8. The stand taken in the counter affidavit is that after the search, during the course of block assessment proceedings initiated under Section 158BC of the Act, the 4th respondent was asked to explain the source of investment in the jewellery weighing 2397 grams found during search, including the jewellery of 1356 grams seized from the said bank locker. However, in the absence of any reply filed by the 4th respondent after allow .....

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9. It is further submitted that the 4th respondent filed an appeal as against the said assessment order before ITAT. The appeal was allowed and the order of assessment was set aside and the assessing officer has been directed to re-do the assessment in accordance with law. 10. With regard to the jewellery found at the time of search, the 4th respondent appears to have given a statement, stating that out of the total of 3515 grams, which was found in the bank locker, which stood in the name of th .....

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can be made on account of the jewellery found at the time of search. 12. The above appears to be the factual background of the case. 13. It is stated that the 4th respondent wife, Smt.K.V.M.Chitra and the petitioner's another son, Thangamani are defaulters. All of them put together the arrears of tax is to the tune of ₹ 1,01,84,550/-. 14. The learned counsel for the petitioner submitted that in terms of Section 132B (3) of the Income Tax Act, 1961, any assets or proceeds which remain .....

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ations made in the panchanama. Reference was also made to Sub-Section 4 of Section 132 regarding the effect of statements recorded during the course of search and it is submitted that the panchanama refers to the name of the petitioner and it goes without saying, that the petitioner has made a claim and therefore, the jewels should be returned to the petitioner. 16. Per contra, the learned standing counsel appearing for the respondents 1 to 3 referred to the statements which have been recorded f .....

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