9911796707
TMI Blog2023 (4) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... fail to see how cash can be seized especially when it is the admitted case that the cash did not form part of the stock in trade of the appellant's business. It is evident from the order of the Intelligence Officer that the cash that was seized from the premises of the appellants was not the stock in trade of the quarry business that was conducted by the appellant. The seizure of cash from the premises of the appellants was wholly uncalled for and unwarranted. Moreover, as the respondent has retained the seized cash for more than six months and is yet to issue a show cause notice to the appellants in connection with the investigation, there can be no justification for a continued retention of the said amount with the respondent. This a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where the seizure of cash was wholly unwarranted, more so, when the cash did not form part of the stock in trade of any business stated to have been carried on by the appellant. It is further pointed out that although the inspection of the premises of the appellant was conducted as early as on 9.6.2022, nothing was heard from the authorities till November 2022, when the appellant preferred a representation seeking a return of the cash seized from his premises. It is stated that the appellant has still not been served with any show cause notice pursuant to the seizure of the cash from his premises. 3. During the pendency of this writ appeal, the Intelligence Officer passed an order dated 21.3.2023, disposing the representation preferred by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the Intelligence Officer that the cash that was seized from the premises of the appellants was not the stock in trade of the quarry business that was conducted by the appellant. The findings of the Intelligence Officer that ' it is suspicious that this much amount of money kept in the house of M/s.Shabu as idle and not deposited at bank ' and further ' the amount received as gift on the day of marriage has not been recorded in his income tax return and from this it is evident that the money is from illicit sources ' reveal the extent to which authorities under the Act are misinformed of their powers and the limits of their jurisdiction. The aforesaid findings of the Intelligence Officer could perhaps have been justified ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
