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2025 (3) TMI 603

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..... ON NO. 2926 OF 2017 ALONG WITH INTERIM APPLICATION NO. 3542 OF 2019 - -
Income Tax
A.S. CHANDURKAR & M.M. SATHAYE, JJ For the Petitioners-Applicants: Mr. Udaya Sankar Samudrala with Mr. Sujit Upadhyay and Mr. Shivesh Upadhyay, Advocates. For the Respondent Nos. 1 to 3: Mr. D.P. Singh, Advocate. For the Respondent Nos. 4 to 6: Mr. Venkatesh Dhond, Senior Advocate with Mr. Dhaval Patil, Mr. Shreyas Menkudale, Advocates, i/by K. Ashar & Co.,. For the Respondent Nos. 7 and 8: Mr. Arjun Gupta, Advocate. ORAL JUDGMENT :   (PER A.S. CHANDURKAR, J.) 1. Rule. Rule made returnable forthwith and heard learned counsel for the parties. By a Notification dated 8th November 2016 issued by the Ministry of Finance, specified bank note .....

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..... id juncture. The necessary information was to be forwarded to the jurisdictional Assessing Authority. Acting on the said communication, the Police Inspector, Shahuwadi Police Station on 14th January 2017 informed the petitioners about the aforesaid and directed them to take back the specified bank notes of the value of Rs. 20,00,000/- as well as the silver ingots. After receiving the same, the petitioners on 17th January 2017 visited the specified office of the Reserve Bank of India, Mumbai to deposit the aforesaid notes. The same were however not accepted and the petitioners were informed that after 30th December 2016 it was not permissible to accept the same. After issuing a notice in that regard, the petitioners have approached this Cour .....

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..... 3. Mr. Venkatesh Dhond, learned Senior Advocate appearing for respondent nos. 4 to 6 referred to the provisions of Section 5(a) of the Specified Bank Notes (Cessation of Liabilities) Act, 2017 and the Notification dated 12th May 2017 issued by the Ministry of Finance to contend that it would be necessary for the petitioners to furnish serial numbers of the specified bank notes that had been seized by the Police Authorities prior to 30th December 2016. In absence of indication of such serial numbers, the Reserve Bank of India was precluded from accepting the aforesaid specified bank notes and thereafter exchanging them for legal tender. He sought to distinguish the judgment in the case of Sunny s/o Ratansingh Mago (supra) to submit that in .....

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..... ation dated 12th May 2017. In the aforesaid backdrop, the entitlement of the petitioners to the prayers made in the writ petition would be required to be considered. 5. Today, the learned counsel for the petitioners tendered a copy of the affidavit of the petitioner no. 1 dated 24th October 2018 stating therein that in view of the communication dated 10th January 2017 issued by the Income Tax Department directing release of the specified bank notes, the same were returned to the petitioners by the Senior Inspector of Police. The serial numbers of these currency notes in the denomination of Rs.500/- have been stated in Annexure-I to the said affidavit. Since the serial numbers of the specified bank notes that were seized from the petitioner .....

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..... espondent within a period of one week of receipt of copy of this judgment. (ii) The 4th respondent shall verify the said specified bank notes with their numbers as indicated in Annexure-I to the affidavit of the petitioner no. 1 dated 18th October 2018. After completing the necessary formalities, the amount equivalent to the said specified bank notes shall be made over to the petitioner no. 1 on behalf of all the petitioners. (iii) While accepting the said amount, the 1st petitioner shall indemnify the 4th respondent from any future claim of petitioner nos. 2 to 8. The needful be done within a period of seven days of receiving the specified bank notes referred to above from the petitioner no. 1. 7. Rule is made absolute in aforesaid .....

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