9911796707
TMI Blog2018 (6) TMI 1588X X X X Extracts X X X X X X X X Extracts X X X X ..... or the respective parties, both the petitions are taken up for final hearing today. 3. As common questions of law and facts arise in both the petitions, they are disposed of by this common judgment and order. 4. By way of these petitions under Article 226 of the Constitution of India, the respective petitioners have prayed for the following reliefs :- "A. Your Lordships may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction directing the respondents to release the assets as prayed for in various applications of the petitioner at Annexure G (Collectively) to the present petition. B. Your Lordships may be pleased to to issue a writ of mandamus or any other appropriate writ, order or direction in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 000/= from Locker No.548 of Canara Bank, Satellite Road Branch, Ahmedabad 7. A notice under Section 153A of the Act for the Block Period, Assessment Year : 2005-2006 and 2010-2011 was issued by the DCIT, Central Circle 2(2), Ahmedabad on 07.11.2011 and the assessments were completed on 19.03.2013 by making various additions aggregating to the tune of Rs. 59,18,400/=. In the appellate proceedings, the learned CIT (Appeals) deleted additions to the tune of Rs. 35,29,616/= in favour of the assessee vide order dated 29.09.2015. It appears that thereafter, an order giving effect to CIT (Appeals)'s order were passed by the DCIT, Central Circle, 2(2), Ahmedabad and aggregate demand of Rs. 19,80,445/= was determined. 8. Thereafter, the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ash of Rs. 21,47,000/= seized during the search was adjusted against the demand outstanding of Saritha Gupta and Sandeep Gupta. The details are as under :- In the case of Saritha Gupta : Cheque Credit Date Asstt. Year Minor Head Amount 21/02/2014 2005-06 400 2,37,655/- 21/02/2014 2006-07 400 1,40,734/- 21/02/2014 2007-08 400 98,736/- 21/02/2014 2008-09 400 3,25,134/- 21/02/2014 2009-10 400 2,67,152/- 21/02/2014 2010-11 400 77,589/- TOTAL 11,47,000/- In the case of Sandeep R Gupta : Cheque Credit Date Asstt. Year Minor Head Amount 21/02/2014 2005-06 400 41,924/- 21/02/2014 2006-07 400 1,53,325/- 21/02/2014 2007-08 400 1,71,393/- 21/02/2014 2008-09 400 5,13,429/- 21/02/2014 2009-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eized during the course of search conducted on 08.09.2010 is required to be returned. There is no justification to continue with the seizure of such fixed deposit receipts, jewellery and national savings certificates etc. [after deducting Rs. 9,24,501/= (with interest under the law)], shown to be outstanding in the case of one of the assessees - Smt. Saritha Gupta. 14. Under the circumstances, after undertaking the exercise as above, and after adjusting the outstanding amount of Rs. 9,24,501/= (with interest under the law) in the case of Smt. Saritha Gupta, the respondents are directed to return the balance fixed deposit receipts / national savings certificates and the jewellery seized as per the seizure panchnama dated 09.09.2010, at the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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