Gujarat High Court
Nadim Dilipbhai Panjvani vs Incom Tax Officer Ward-3 on 7 December, 2015
Author: Akil Kureshi
Bench: Akil Kureshi, Mohinder Pal
C/SCA/13374/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 13374 of 2015
==========================================================
NADIM DILIPBHAI PANJVANI....Petitioner(s)
Versus
INCOM TAX OFFICER WARD-3, OR HIS SUCESSORS TO
OFFICE....Respondent(s)
==========================================================
Appearance:
MR R K PATEL with Mr. B.D.KARIA WITH MR DARSHAN R PATEL,
ADVOCATE for the Petitioner(s) No. 1
MR PRANAV G DESAI, ADVOCATE for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE MOHINDER PAL
Date : 07/12/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Petitioner seeks release of cash of Rs. 20 lacs by the department on various grounds. However, primary contention of the petitioner is that the department does not have any authorization to continue to seizure of such cash. Counsel for the petitioner would draw our attention to the further proviso to Section 132B(1)(i) of the Income Tax Act and placed heavy reliance on the Division Bench of this Court in case of Mitaben R. Shah vs. Deputy Commissioner of Income Tax and anr. reported in 331 ITR 424.
Page 1 of 2HC-NIC Page 1 of 2 Created On Wed Dec 09 02:07:09 IST 2015 C/SCA/13374/2015 ORDER
2. Further proviso of Section 132B(1)(i) of the Act reads as under:
"Provided further that such asset or any portion thereof as is referred to in the first proviso shall be released within a period of one hundred and twenty days from the date on which the last of the authorizations for search under Section 132 or for requisition under section 132A, as the case may be, was executed."
3. At this stage, let the department disclose the date, on which, the last of the authorizations for search under Section 132A of the Act was executed. S.O. to 21.12.2015.
4. At this stage, however, we do not see any reason to suspend the further proceedings under Section 153A of the Act. The ad interim relief previously granted under order dated 19.10.2015 is, therefore, vacated.
5. We, however, make it clear that any treatment of the seized cash by the department hereafter in the proceedings under Section 153A of the Act would be subject to further orders that may be passed in this petition.
(AKIL KURESHI, J.) (MOHINDER PAL, J.) Jyoti Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Dec 09 02:07:09 IST 2015