2021 (9) TMI 1375 - HC - Income Tax

Seeking release the assets seized pursuant to the search and seizure u/s 132 in case of sibling of the petitioners - During the search and seizure proceedings, jewelry owned and possessed by the petitioners also have been seized and not released till date - HELD THAT - .As it is the case of the petitioners that they were able to explain the source of jewellery and the place from which it was purchased as well as show the Wealth Tax Return for the A.Y. 2012-13 filed by the petitioners and other family members worth of ₹ 2 Crores (rounded off). Thrice communications have been sent and requests are also made to return the same, however, till date, neither reply has been given nor has the jewelry been returned. According to the learned advocate Mr. Patel, in case of brother of the petitioners, Assessment Order has been passed on 10.03.2016 where no addition has been made by the authority concerned, and none of the communications made by the petitioner has been replied to client. It is further urged that challenge is made to the order of Assessing Officer before the appellate authority, present status of which, he can reveal on the next date of hearing.

Summary

Issues Involved:
Petition seeking release of assets seized under section 132 of Income Tax in relation to sibling's case, non-release of seized jewelry despite explanations and evidence provided, lack of response to communications and requests for return of jewelry.

Analysis:
The petitioners have approached the court to seek the release of assets seized during a search and seizure operation under section 132 of the Income Tax Act in connection with their sibling's case. Specifically, jewelry owned by the petitioners was seized during the proceedings but has not been returned despite the petitioners providing explanations regarding the source of the jewelry, its purchase details, and even presenting Wealth Tax Returns for the relevant assessment year, showing assets worth &8377; 2 Crores. The petitioners have made multiple communications and requests for the return of the jewelry, but no response has been received to date.

The petitioners' advocate highlighted that in the case of the brother of the petitioners, an Assessment Order was issued on 10.03.2016, wherein no additions were made by the authorities. Furthermore, it was pointed out that the petitioner's communications regarding the seized jewelry have not been addressed by the concerned authorities. The advocate also mentioned that an appeal challenging the Assessing Officer's order has been filed, and the current status of this appeal can be provided at the next hearing. The court has issued a notice for the case to be heard on 04.10.2021, indicating that further proceedings will take place to address the issues raised by the petitioners regarding the non-release of the seized assets, particularly the jewelry.