TMI Blog1998 (8) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel appearing on behalf of the petitioner submitted that since a petition was filed by the petitioner on June 10, 1997, before the learned Magistrate praying therein to hand over the ornaments, etc., the same could have been handed over to the petitioner by the learned Magistrate. Learned counsel further submitted that even the revisional court has failed to appreciate the provisions of section 132A of the Income-tax Act, 1961 (in short, "the Act"), and no sooner the petitioner had approached the court, unassessed wealth could have been handed over to him. It appears that on April 6, 1997, the premises of opposite party No. 1 was searched by the Officer-in-Charge of Mojahictpur Police Station in connection with a case under the provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Additional Sessions Judge dismissed the same on the same day. Against the order dated September 30, 1997, the petitioner has filed the present application in this court. Learned counsel appearing on behalf of the opposite party No. 1 submitted that the petitioner at no point of time had taken shelter of section 132A of the Act and only when the release order was passed by the learned magistrate on May 20, 1997 a petition was filed before the learned magistrate on June 10, 1997. Learned counsel, therefore, submitted that the courts below have not acted illegally and the orders impugned cannot be said to be without jurisdiction. Sub-section (1)(c) of section 152A of the Act reads as follows : "(c) any assets represent either wholly o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rise any Deputy Director, Deputy Commissioner, Assistant Director, Assistant Commissioner or Income-tax Officer to require the officer or authority referred to in clause (a) or clause (b) or clause (c), as the case may be, to deliver such books of account, other documents or assets to the requisitioning officer. There is nothing on record to show nor any statement has been made in the petition that after seizure of the property referred to above dated April 6, 1997, the prescribed authority has sent its requisition to the Officer-in-Charge who has seized the property to deliver the same to it ; rather it appears that only when the learned judicial magistrate who was in seisin of the matter passed an order of release of the property dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay apply to the court in whose custody there is money belonging to the assessee for payment to him of the entire amount of such money or, if it is more than the tax due, an amount sufficient to discharge the tax. In the case at hand, there is no question of tax due and it appears that the authorities of the Income-tax Department are trying to seize the property as the same was unassessed property In that view of the matter, subsection (4) of section 226 of the Act has no application in the facts and circumstances of the case. Besides this Mr. Rastogi, learned senior counsel, submitted that the authorities have proceeded under the Act itself and the assessment proceeding has been completed and penalty proceeding has already been initiated ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
