TMI Blog2022 (3) TMI 498X X X X Extracts X X X X X X X X Extracts X X X X ..... for the time being in force, if the said income or property has not been disclosed for the purposes of the Income Tax Act. Understandably so, when it is evident that amount in question was seized from the possession of accused persons allegedly belonging to petitioner but never disclosed by petitioner to Income Tax Authority, therefore, department has the remedy available u/s 132 A (1) (c). This procedure is followed by Section 132B which elaborates the manner of dealing after requisitioned under Section 132 A - The power under Section 132 A appears to be distinct vis-a-vis Section 132 (Search and seizure). Here also, it appears that if the amount is not handed over to the Income Tax Department and is released to the petitioner, then it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2021 passed by the Court of the Second Additional Sessions Judge, Karera, District Shivpuri, whereby the application preferred under Section 457 of Cr.P.C. by the petitioner stands rejected. 2. It is the grievance of the petitioner that on a fateful day dacoity was committed by some accused persons at the house of petitioner to the tune of ₹ 1,24,00,000/- (Rs. One Crore Twenty Four Lacs only). F.I.R. was registered vide Crime No.172/2021 and investigation carried out. The accused persons were arrested and charge sheet was filed. The case is pending consideration for trial. Incidentally, ₹ 53,16000/- (Rs. Fifty Three Lacs Sixteen Thousand Only) and some silver ornaments were recovered from the possession of accused persons. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 961') and submitted that the disclosure of any assets which ought to be disclosed but have not been disclosed, comes under the purview of Section 132 A (1) (c) of the Act 1961, and therefore Income Tax Department rightly intervened in the matter. These assets (cash amount) were never disclosed by the petitioner/complainant and other complainants also before the Income Tax Department. Even, they did not bother to file Income Tax Return and under the garb of agriculture income, the petitioner (and other related persons/complainants) were trying to avoid the tax liability. The same is not permissible. He prayed for dismissal of the petition. 7. Heard the learned counsel for the parties and perused the documents appended thereto. 8. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Principal Director General or Director General] or [Principal Director or Director]] or the [[ Principal Chief Commissioner or Chief Commissioner] [Principal Commissioner or Commissioner]] may authorise any [Additional Director, Additional Commissioner,] [Joint Director], [Joint Commissioner], [Assistant Director] [or Deputy Director], [Assistant Commissioner or Deputy Commissioner] or income-tax Officer [hereinafter in this section and in sub-section (2) of section 278D referred to as the requisitioning 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. [Explanation.- For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned under Section 132 A of the Act 1961. The power under Section 132 A appears to be distinct vis-a-vis Section 132 (Search and seizure). 11. Here also, it appears that if the amount is not handed over to the Income Tax Department and is released to the petitioner, then it may hamper effective implementation of relevant provision of Income Tax Act and therefore, in the fact situation it is apposite that amount be deposited with the Income Tax authority and proceedings before the competent authority of the Income Tax Department be concluded within the time stipulated as per the relevant provisions of the Income Tax Act. Time is running fast against the department for assessment. Therefore, it is expected that the Income Tax Department sha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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