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2013 (11) TMI 736

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..... ification in law to continue to keep the cash and jewellery in the possession of the income tax department. The filing of the income tax appeals by the department in the Income Tax Appellate Tribunal, New Delhi will not prima facie justify the possession of the cash and jewellery. The income tax department, however, may insist upon some security for releasing the cash and jewellery and for that pu .....

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..... etitioner at B-42A, Gangotri Enclave, Alaknanda, New Delhi on 22.2.2005, which continued upto 23.3.2005, and in which cash and jewellery found at the residence of the petitioner were seized and detained. It is submitted by Shri U.K. Saxena appearing for the petitioner that the assessment proceedings in pursuance to the search and seizure operations have been finalised and that no tax liability h .....

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..... ers for release of cash lying in the office of Asstt. Director of Income Tax (Inv.), CGO Complex-1, Hapur Road, Ghaziabad and jewellery lying deposited in sealed box in the office of Asstt. Director, Income Tax (Inv.), Ghaziabad. The jewellery has since been transferred by the Asstt. Director of Income Tax (Inv.), Ghaziabad to the Asstt. Commissioner of Income Tax, Central Circle and Custodian Str .....

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..... tify the possession of the cash and jewellery. The income tax department, however, may insist upon some security for releasing the cash and jewellery and for that purpose if the attachment of the apartment as aforesaid is still continuing, the department may consider to keep the attachment alive until final disposal of the appeal by the Income Tax Appellate Tribunal. In the circumstances, we giv .....

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