2013 (11) TMI 736 - HC - Income Tax

Release of the seized goods and cash, if there is no tax liability pending against the assessee Held that - If there is no tax liability, pending against the petitioner in respect of relevant assessment years, corresponding to the search and seizure operations, there is no justification in law to continue to keep the cash and jewellery in the possession of the income tax department. The filing of the income tax appeals by the department in the Income Tax Appellate Tribunal, New Delhi will not prima facie justify the possession of the cash and jewellery. The income tax department, however, may insist upon some security for releasing the cash and jewellery and for that purpose if the attachment of the apartment as aforesaid is still continuing, the department may consider to keep the attachment alive until final disposal of the appeal by the Income Tax Appellate Tribunal - Writ petition is disposed of with directions that in case the petitioner applies for release of cash and jewellery, the said application will be decided by the ITO 23 (2), New Delhi within a month Decided in favor of Assessee.

Summary

Issues:
1. Search and seizure operations at the petitioner's residence.
2. Detention of cash and jewellery despite no tax liability found.
3. Attachment of immovable property by Tax Recovery Officer.
4. Justification for continuing possession of cash and jewellery by income tax department.
5. Liberty granted to petitioner to apply for release of cash and jewellery.

Analysis:
1. The judgment pertains to search and seizure operations conducted at the petitioner's residence, resulting in the detention of cash and jewellery. The petitioner's counsel argued that despite finalizing assessment proceedings with no tax liability found, the income tax department continued to detain the seized items.

2. The respondent, representing the income tax department, acknowledged the absence of tax liability in the assessment proceedings but mentioned pending appeals at the Income Tax Appellate Tribunal. The counsel assured that upon the petitioner's application to the designated officer, appropriate orders would be passed for the release of the cash and jewellery.

3. Additionally, it was highlighted that the Tax Recovery Officer had attached the petitioner's immovable property, which was still in effect as a measure to secure the revenue's interest. The court emphasized the need for justification in law to retain possession of the cash and jewellery if no tax liability existed for the relevant assessment years.

4. The judgment emphasized that the mere filing of income tax appeals would not warrant the income tax department's continued possession of the seized items. However, the department could request security for releasing the cash and jewellery, suggesting that the attachment of the petitioner's apartment could be maintained until the tribunal's final decision.

5. Consequently, the court granted the petitioner liberty to apply to the designated Income Tax Officer for the release of the cash and jewellery, subject to approval from the Commissioner of Income Tax-8, New Delhi. The officer was directed to decide on the application within a month, ensuring a thorough assessment of facts and safeguarding the department's interests in issuing the final orders.