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2017 (2) TMI 158 - PUNJAB AND HARYANA HIGH COURT

2017 (2) TMI 158 - PUNJAB AND HARYANA HIGH COURT - TMI - Seizure of Cash in transit - remedy under the “Pradhan Mantri Garib Kalyan Yojana, 2016” - adjustment from cash account seized by the department, tax, charge and penalty - Held that:- Writ petition can be disposed of with a direction to respondents not to take any coercive action against the petitioner and he may be granted a permission to take the assistance of a lawyer to be present at visible but not audible distance during his interrog .....

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ate order thereon as it enables the Government to earn straightway 50% of the amount, 25% for depositing of the bonds and 25% to be deposited in the account which shall be released only after 04 years. While releasing the amount after 04 years, the Income Tax Authorities can release the same only when there is no outstanding amount due towards them from the petitioner. - CWP No.1072 of 2017 - Dated:- 23-1-2017 - MR. AMIT RAWAL, J. For The Petitioner : Mr. Gurmohan Singh Bedi, Advocate AMIT RAWAL .....

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uring his interrogation and recording of the statement in connection with the said seizure of amount in the instant case or any proceedings consequential thereto, much less seeking refrain of any coercive action against him alleging to the aforesaid dispute; with a liberty to avail the remedy under the Pradhan Mantri Garib Kalyan Yojana, 2016 (hereinafter referred to PMGKY Deposit Scheme ) by depositing the aforesaid amount, tax, surcharge and penalty. Mr. Gurmohan Singh Bedi,learned counsel app .....

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sale proceeds of old jewellery belonging to him, his wife and mother, which was in possession and was recently sold by him after demonetization to one Shri Raj Kumar, who is a broker and received new currency notes of denomination of ₹ 2,000/-. He further submits that the petitioner did not give any incorrect information or projected the un-disclosed income as any unlawful income. The cash in his custody be treated as undisclosed income w.e.f.13.12.2016, for, Chapter IX-A has been inserted .....

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epartment of Revenue, Ministry of Finance also came out for the format of declaration for a person seeking to avail the benefit of Scheme. A copy of the same is annexed as Annexure P-5. On 27.12.2016, the Central Board of Director Taxes, TPL Division, vide circular no.43 of 2016 issued explanatory notes regarding the said Scheme. Paragraphs 4, 5 and 8 of the same have been referred to which are reproduced herein below:- 4. The person making a declaration under the Scheme would be liable to pay t .....

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l have a lock-in period of four years. Time limits for declaration and making payment 5. A declaration under the Scheme can be made anytime on or after 17th December, 2016 but on or before 31st March, 2017. The tax, surcharge and penalty payable under the Scheme and deposit to be made in the Deposit Scheme, shall be paid/made before filing of declaration under the Scheme. The declaration shall be accompanied with proof of payment made in respect of tax, surcharge and penalty payable under the Sc .....

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the Narcotic Drugs and Psychotropic Substances Act, 1985, the Unlawful Activities (Prevention) Act, 1967, the Prevention of Corruption Act, 1988, the Prohibition of Benami Property Transactions Act, 1988 and the Prevention of Money Laundering Act, 2002; © to any person notified under Section 3 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992; (d) in relation to any undisclosed foreign income and asset which is chargeable to tax under the Black Money .....

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y Laundering Act, 2002 are not entitled to avail the benefit of this Scheme. The aforementioned explanatory notes have been attached as Annexure P-6. As per the averments made in the petition, it has also been stated that the petitioner does not come within any of the mentioned categories of persons whose declaration is not eligible for the Scheme, as contemplated by para 8 of the explanatory notes and therefore, he would be entitled to avail the remedy as no prosecution for any offence punishab .....

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Advocate General, Punjab on instructions from the concerned SHO, Police Station is, that no FIR has been registered and amount so seized has been handed over to Income Tax Department, as evident from the summons (Annexure P-2) which had already been issued by Income Tax Officer, Ward 6(5), Mohali. I have heard learned counsel for the parties and appraised the paper book. It is not disputed that immediately after seizure of cash aforementioned, the police officials called upon the Income Tax Off .....

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s. Not disclosing the correct income is undisputed and the offence, if any, is under Income Tax Act. The Income Tax Authorities are within their domain but the police officials cannot exercise the power under the Income Tax Act. Once the petitioner has candidly admitted the factum of having not been tried in any of the provisions of law, i.e., the offence under Section 3 of the Prevention of Money Laundering Act, 2002 etc., ibid. The police officials have rightly not involved the enforcement dep .....

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o the Income Tax Department cannot be faulted. Thus, the contention of the petitioner of having retained the amount by the police officials on the basis of the statement made by Mr. Yatinder Sharma, is hereby rejected. The next contention of Mr. Gurmohan, Advocate is that case of the petitioner has to be examined as per the aforementioned Scheme, in view of the amendment Act, notification and circular, vide Annexures P-3, P-4 and P-6. Though he is eligible yet cannot be deprived of the statutory .....

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ion 199 (o) of the Finance Act as the petitioner has made a categoric statement that he is not involved in any of the offences as referred above. I am of the view that the use of the words in relation of prosecution of any offence instead of in relation to investigating for any of the offence clearly shows legislative intent of provisions would apply only if the charge sheet or complaint is filed for prosecuting any person under any of the aforementioned provisions of Act and not merely when inv .....

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case/in the case of __.Your are hereby required personally to attend by camp office in Police Station Lalru, SAS Nagar, on today at 8.00 p.m. there to give evidence and/or produce either personally or through an authorised representative the books of account or other documents specified below, and not to depart until you received my permission to do so. Without prejudice to the provision of any other law for the time being in force, if you intentionally omit to so attend and give evidence or pro .....

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seized by the department, tax, charge and penalty. I cannot remain oblivious of the fact that economic offences are very serious and have a wider ramification. The statutory investing scheme appears to be positive process for not only enhancing the revenue collection but at the same time, it is an opportunity for reforming those who had earlier failed to make true and correct disclosure of income in normal course by taking into consideration the provisions of the aforementioned Scheme. The praye .....

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