2024 (9) TMI 1057 - HC - Income Tax

Action of the respondents seizing cash vide Seizure memo - cash seized from the petitioners has been handed over to the Income Tax Department, in pursuance to the requisition sent by the Income Tax Department u/s 132A - direction to return the seized cash to the petitioners - HELD THAT - The stand of the respondents that the cash amount seized from the petitioners has been handed over to the Income Tax Department in pursuance to the requisition sent by the Income Tax Department, remedy for release of the cash lies before the Income Tax Department and the petitioners are free to approach the Income Tax Department. So far as the notice issued under Section 74(1) of CGST/SGST Act is concerned, the petitioners are granted one week further time to file reply, and if the petitioners file the reply on or before 12.04.2024, the same shall be considered. The adjudication proceedings shall be undertaken in accordance with the law.

Summary

The High Court of Kerala disposed of writ petitions challenging the seizure of cash amounting to Rs.39,70,760 from the petitioners. The cash was handed over to the Income Tax Department, and the petitioners were directed to approach the department for release. The petitioners were granted one week to reply to a show cause notice issued under Section 74(1) of the CGST/SGST Act.