9911796707
TMI Blog2015 (10) TMI 1280X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities are no longer authorized to continue with such seizure made by them under section 132A of the Act. Under the circumstances, without entering into the merits of the validity of the authorization issued under section 132A of the Act, this court is of the opinion that in view of the assessment orders made in the case of the petitioner, the respondent authorities can no longer continue with the seizure of the ornaments in question and the same are required to forthwith be returned to the petitioner. - Decided in favour of assessee. - SPECIAL CIVIL APPLICATION NO. 14355 of 2013 - - - Dated:- 6-10-2015 - MS. HARSHA DEVANI AND MR. A.G.URAIZEE, JJ For the Petitioner : Mr SN Soparkar, Sr. Advocate with Mr B S Soparkar, Advocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed tax was duly paid according to applicable laws. On 23.09.2011, the authorized person of the petitioner was searched by Railway Police while he was carrying the purchased silver ornaments back to Varanasi. During the search, the authorized person of the petitioner was found to be in possession of 219.841 kilograms silver ornaments worth ₹ 48,79,923/-. The Railway Police seized the silver ornaments from the authorised person of the petitioner and also registered a case under section 124 of the Bombay Police Act. It appears that the Railway Police informed the Income Tax Department about the seizure of silver ornaments pursuant to which, the Income Tax Department claimed the seized ornaments for the purpose of investigation under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 in the financial year 2011- 2012. Thereafter, the assessment came to be framed by the Assessing Officer of the petitioner at Varanasi for assessment year 2012-13, whereby after taking note of such seizure made by the authorities at Surat, the return as filed by the petitioner came to be accepted without making any addition on account of such seizure. In the aforesaid premises, the respondent authorities are no longer authorized to continue with such seizure made by them under section 132A of the Act. Under the circumstances, without entering into the merits of the validity of the authorization issued under section 132A of the Act, this court is of the opinion that in view of the assessment orders made in the case of the petitioner, the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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