TMI Blog2017 (2) TMI 158X X X X Extracts X X X X X X X X Extracts X X X X ..... count 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 J. Notice of motion. On asking of the Court, Mr.Yatinder Sharma, learned Additional Advocate General, Punjab accepts notice on behalf of the respondents-State. The petitioner has invoked the jurisdiction of Court under Article 226 of the Constitution of India seeking declaration that action of respondents in depriving him of cash of ₹ 30,00,000/-; un-conditional release of amount to him; with a further prayer to permit him to have his Advocate present at visible but not audible distance during 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 Ga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ddition, penalty at the rate of ten per cent of the undisclosed income shall be payable. The declarant shall also be required to deposit an amount not less than twenty-five percent of the undisclosed income in the PMGKY Deposit Scheme.The deposit shall bear no interest and the amount deposited shall have a lock-in period of four years. Time limits for declaration and making paymen t 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 Scheme and proof of deposit made in the PMGKY Deposit Scheme. Declaration not eligible in certain cases 8. The provisions of this Scheme shall not apply- (a) in relation to any person in respect of whom an order of detention has been made under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 subject to the conditions spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Officials for conducting enquiry. The amount of ₹ 30 lacs was retained but thereafter, on calling of the Income Tax Officer, the police officials handed over the aforementioned amount. Hence, the police officials rightly conducted further enquiry and as well as handed over detained amount to tax officials. No doubt, possession of the un-disclosed income in cash is not as per any of the offences under Indian Penal Code, therefore, the seizure of same cannot be said to be by the police officials. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e P-2), has already been served upon the petitioner. The contents of same read as under:- Whereas your attendance is required in connection with the proceedings under the Income Tax, 1961 in your 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 produce he books of account or documents, a fine upto 10,000/- may be imposed upon you under Section 272A(1)(c) of the Income Tax Act, 1961. The petitioner is not, thus, trying to falsify to project undisclosed income as duly accounted for availing the remedy. Since the petitioner is not amongst the persons mentioned in paragraph 8 of the circular, being not eligible for availing the PMGKY Deposit Scheme, therefore, the Income Tax Officer cannot deny the petitioner adjustment from his cash a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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