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1 - 7 of 7 (2.21 seconds)The Finance Act, 2018
Section 132B in The Income Tax Act, 1961 [Entire Act]
Section 132A in The Income Tax Act, 1961 [Entire Act]
Section 245C in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Geetaben Bharatkumar Shah, , Petlad vs Dy.Cit, Circle-3, , Baroda on 9 December, 2016
"In Mitaben R. Shah, supra, the High Court of Gujarat
was dealing with the case where the petitioner made
application within permissible
missible time limit for release of the gold
ornaments explaining the nature of source of acquisition
thereof. They were not released even after expiry of time limit
of 120 days prescribed by Section of the Income Tax Act, 1961.
The High Court held the action
on of the respondent authorities to
be illegal because the application was rejected during the
pendency of the writ petition, though the time sought to file
reply affidavit, but it was utilized for the purpose of passing the
order so as to make the earlier petition infructuous. The note
said to have been prepared by the Assistant Director where the
petitioner's claim for release of gold ornaments and jewellery
was rejected, was never communicated to the petitioner. The
impugned order passed after expiry of the prescribed period of
120 days, was held to be contrary to mandate of proviso to
Section 132B(1)(i) of the Income Tax Act, 1961. Once the said
period is over, respondents have no authority to retain the
jewellery, held the High Court.
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