2024 (9) TMI 659 - SCH - Income Tax

Return of cash seized by department u/s 132A - inaction of the Revenue in not even obeying and complying with the orders and directions passed by ITAT as well as PCIT - seeking direction to the Revenue to return the amount as seized together with interest for pre-assessment period as well as post-assessment period until the date of payment - seized gold were handed over but the cash was not returned - as decided by HC 2023 (9) TMI 760 - BOMBAY HIGH COURT Even after the Petition was filed and served and the lawyer appeared for the Revenue, still the Revenue did not consider it fit to return the money. Therefore, in our case this is nothing but a clear case of high handedness on the part of the officers of the Revenue - This is a fit and proper case in which action should be initiated against all the officers concerned who were all in charge of this case at the appropriate and relevant point of time - Cash returned to pettioner and will be entitled to interest at 12% p.a. for the post-assessment period, i.e., from 25th September 2014 until payment/realization. HELD THAT - We are not inclined to interfere with the impugned order passed by the High Court. Special Leave Petition is, accordingly, dismissed.

Summary

The Supreme Court dismissed the Special Leave Petition, declining to interfere with the impugned order passed by the High Court. Delay was condoned, and pending applications were disposed of. The judges were Hon'ble Mr. Justice Pamidighantam Sri Narasimha and Hon'ble Mr. Justice Sandeep Mehta. The petitioner was represented by several advocates.