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2003 (3) TMI 93

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..... efore us. His son, Rajiv Kapoor, had gone to Bhopal in the month of June, 2002, carrying with him gold jewellery weighing 3,934.410 grams valued at Rs. 17,50,808. He went to the shop of Shringar Jewellers at Bhopal on June 13, 2002, when an income tax raid took place in that shop. Amongst others, the jewellery which Rajiv Kapoor was carrying with him was also seized along with bill books, vouchers .....

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..... notice to J. L. Kapoor and Sons under section 158BD of the Income-tax Act, 1961 (for short "the Act"), and the proceedings are going on. However, we are not concerned with those proceedings in this writ petition. The grievance of the petitioner is that the finding recorded by the authorities at Bhopal that the jewellery recovered from Rajiv Kapoor was the unaccounted jewellery of J. L. Kapoor and .....

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..... ncerned Commissioner of Income-tax at Bhopal and can be released if a direction is issued by this court. It is the common case of the parties that the jewellery seized from Rajiv Kapoor cannot be retained by the income-tax authorities if the same stands accounted for/reflected in the account books of J. L. Kapoor and Sons. It is, therefore, necessary that the Assessing Officer of J. L. Kapoor and .....

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..... t the jewellery has been accounted for, he shall pass an order releasing the same forthwith. In case such an order is passed, the concerned Commissioner of Income-tax at Bhopal will release the jewellery forthwith to the representatives of the petitioner. The writ petition stands disposed of with the aforesaid directions. A copy of this order be supplied dasti to counsel for the parties by Mar .....

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