2020 (6) TMI 138 - HC - Income Tax

Refund the amount seized during the search proceedings along with interest - HELD THAT - Today, learned counsel for petitioner states that interest amount has been refunded by the respondents-contemnors vide voucher No. ITC/Aq/053952 dated 02nd June, 2020 for ₹ 23,17,794/-. Petitioner states that the computation sheet should be supplied indicating as to how the interest amount has been calculated. Mr. Zoheb Hossain, learned senior Standing counsel for respondents-contemnors states that the computation sheet shall be provided to the petitioner within one week. Keeping in view the aforesaid, the present contempt petition is disposed of as satisfied. Registry is directed to list W.P.pending between the same parties on 15th June, 2020.

Summary

Issues: Contempt of Court - Wilful disobedience of court order - Refund of seized amount with interest - Computation of interest amount.

Contempt of Court:
The judgment pertains to a contempt petition filed under Sections 11 and 12 of the Contempt of Courts Act, 1971. The petitioner alleged wilful disobedience of a court order dated 17th January, 2020, by the respondents-contemnors. The court had directed the respondents to refund the amount seized during search proceedings along with interest in accordance with the law. The petitioner claimed that the principal amount was refunded on 27th February, 2020, but the interest amount was refunded later, and requested a computation sheet to understand how the interest was calculated.

Refund of Seized Amount with Interest:
The respondents-contemnors refunded the principal amount of ?30,69,926/- on 27th February, 2020, and the interest amount of ?23,17,794/- on 2nd June, 2020, as per a voucher. However, the petitioner sought a computation sheet to clarify the calculation of the interest amount. The senior Standing counsel for the respondents assured that the computation sheet would be provided to the petitioner within one week. Consequently, the court disposed of the contempt petition as satisfied, indicating that the refund of the principal amount and interest addressed the court's order.

Computation of Interest Amount:
The petitioner's counsel requested a computation sheet to understand how the interest amount of ?23,17,794/- was calculated by the respondents-contemnors. In response, the senior Standing counsel for the respondents agreed to provide the computation sheet to the petitioner within one week. This assurance led to the disposal of the contempt petition as satisfied, with directions for listing the pending case between the parties on a specified date and for the order to be uploaded on the website and forwarded to the counsel via email.