2025 (3) TMI 603 - HC - Income Tax

Specified bank notes exchange for legal tender after the demonetization deadline - seizure of currency notes in the denomination of Rs.500/- by police authorities occurred before the deadline and the notes were returned only after the deadline had passed - whether petitioners entitled to deposit specified bank notes of Rs. 20, 00, 000/- with the Reserve Bank of India after the deadline of 30th December 2016 given that the notes were seized by police authorities before the deadline and returned after it had passed? HELD THAT - The serial numbers of these currency notes in the denomination of Rs.500/- have been stated in Annexure-I to the said affidavit. Since the serial numbers of the specified bank notes that were seized from the petitioners and returned thereafter are now available the apprehension expressed on behalf of the Reserve Bank of India that the value of the aforesaid specified currency notes could not be paid to the petitioners in the absence of such serial numbers is taken care of. The availability of the serial numbers of the specified bank notes would also satisfy the requirement of Rule 2(a) of the Rules of 2017. We therefore do not find any reason to deny the petitioners the benefit of receiving the value of the aforesaid specified bank notes. As stated above the seizure of the said specified bank notes was on 26th December 2016 which is prior to the permissible date of deposit which was 30th December 2016. Income Tax Department having indicated that it did not intend to seize the said specified bank notes pursuant to which the Police Authorities returned the same to the petitioners on 14th January 2017 we find that the petitioners can be permitted to deposit the aforesaid specified bank notes for the value of Rs. 20, 00, 000/- bearing the serial numbers indicated in Annexure- I to the affidavit dated 24th October 2018 with the 4th respondent. This would facilitate receipt of legal tender for the same value by the petitioners.

Summary

ISSUES PRESENTED and CONSIDERED

The primary issue considered by the Court was whether the petitioners were entitled to deposit specified bank notes of Rs. 20,00,000/- with the Reserve Bank of India after the deadline of 30th December 2016, given that the notes were seized by police authorities before the deadline and returned after it had passed. A secondary issue was whether the absence of serial numbers of the specified bank notes at the time of seizure affected the petitioners' entitlement to deposit these notes.

ISSUE-WISE DETAILED ANALYSIS

Relevant Legal Framework and Precedents

The legal framework primarily involved the Specified Bank Notes (Cessation of Liabilities) Act, 2017, and the Notification dated 12th May 2017 issued by the Ministry of Finance. The Act and the Notification outlined the conditions under which specified bank notes could be exchanged for legal tender after the demonetization deadline. The Court also considered precedents, including a judgment from a Co-ordinate Bench at Nagpur in a similar case, which was referenced by the petitioners.

Court's Interpretation and Reasoning

The Court interpreted the provisions of the 2017 Act and the Notification to determine that the specified bank notes could not be accepted by the Reserve Bank of India after the deadline unless certain conditions were met, such as the availability of serial numbers. The Court reasoned that the petitioners were not at fault for the delay in depositing the notes, as the seizure by police authorities occurred before the deadline, and the notes were returned only after the deadline had passed.

Key Evidence and Findings

The Court found that the specified bank notes were seized on 26th December 2016, before the deadline, and returned on 14th January 2017, after the deadline. The petitioners provided an affidavit dated 24th October 2018, which included the serial numbers of the specified bank notes, addressing the concern raised by the respondents regarding the absence of serial numbers.

Application of Law to Facts

The Court applied the provisions of the 2017 Act and the Notification to the facts of the case, concluding that the petitioners could deposit the specified bank notes with the Reserve Bank of India since the serial numbers were now available. The Court acknowledged that the seizure and return of the notes by the authorities were beyond the petitioners' control.

Treatment of Competing Arguments

The respondents argued that the absence of serial numbers at the time of seizure precluded the acceptance of the specified bank notes by the Reserve Bank of India. The Court addressed this by noting that the petitioners had subsequently provided the serial numbers, thus satisfying the requirement under the 2017 Act and the Notification. The Court distinguished the present case from the precedent cited by the respondents, where serial numbers were available at the time of seizure.

Conclusions

The Court concluded that the petitioners were entitled to deposit the specified bank notes with the Reserve Bank of India, given the subsequent provision of serial numbers and the circumstances of the seizure and return of the notes.

SIGNIFICANT HOLDINGS

The Court held that the petitioners could deposit the specified bank notes with the Reserve Bank of India, as the serial numbers were now available, and the seizure occurred before the deadline. The Court emphasized the principle that procedural delays caused by authorities should not prejudice the rights of individuals to deposit demonetized currency.

Core Principles Established

The Court established that the availability of serial numbers is crucial for the acceptance of specified bank notes after the demonetization deadline. It also reinforced the principle that individuals should not be penalized for delays caused by procedural actions of authorities.

Final Determinations on Each Issue

The Court directed the petitioners to deposit the specified bank notes with the Reserve Bank of India, with the serial numbers provided in the affidavit. The Reserve Bank of India was instructed to verify the notes and complete the necessary formalities to convert them into legal tender. The petitioners were required to indemnify the Reserve Bank of India against future claims from other petitioners.