9911796707
TMI Blog2008 (7) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... d three other post dated cheques of Rs. 75 lacs during search and seizure – since investigation is continue and no amount due has been determined by authority against petitioner, revenue is directed to return the impugned amount admittedly deposited by the petitioner along with copies of Panchnama X X X X Extracts X X X X X X X X Extracts X X X X ..... crore and three other post dated cheques of Rs. 75 lacs. The said fact is disputed by the counsel for the respondents. He states that the said draft was deposited by the partners of the petitioner along with the cheques voluntarily, when the search and seizure was conducted by the department. It has been pointed out by him that the investigation is under way and the liability of the petitioner cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation for the department to retain the sum of Rs. 1 crore and the cheques of Rs. 75 lacs. The respondent has no legal or moral right to retain the said amount in the absence of the demand raised. However, it will be open to the department to recover the same from the petitioner as and when the demand is created. 4. The affidavit dated 14-7-2008 of Ranbir Singh son of Amrik Singh, Partner M/s. Ge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght of the above, the interest of the revenue is fully safeguarded as it is not disputed that the refund of Rs. 1 crore and the return of cheques amounting to Rs. 75 lacs would be covered by the property aforementioned. 5. For the reasons mentioned above, the respondent No. 2 is directed to refund the amount of Rs. 1 crore and to return the cheques of Rs. 75 lacs admittedly deposited by the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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