2002 (10) TMI 6 - HC - Income Tax

High Court criticizes unauthorized encashment of assets, orders return, reinvestment, and continued asset attachment.

The High Court ruled in favor of the petitioners, criticizing the unauthorized encashment of assets by the Department without proper assessment orders. ... Search and seizure u/s 132 - encashment of FDs – attachment under section 132(3) - Under the prohibitory orders, the bank accounts were attached, bonds were seized and FDs were also seized. However, during the period March to May 2002, respondent No. 1 encashed the FDs and Rs. 72,40,330 from the bank account of the petitioner – Held that action of respondent No.1 vis-à-vis appropriation was high handed. It is not supported by any provisions of the Income-tax Act, particularly when the appropriation is sought to be made without the assessment order - respondent No. 1 had no authority to encash the FDs or withdraw the cash, from the bank accounts without the order of assessment Issues:1. Search and seizure operations under section 132 of the Income-tax Act, 1961.2. Encashment of assets and appropriation without orders of assessment.3. Legality of respondent's actions.4. Relief sought by the petitioners.Analysis:1. The judgment begins with the description of search and seizure operations conducted by the Department under section 132 of the Income-tax Act, 1961, at various premises of the petitioner, including attachment of bank accounts, bonds, and fixed deposits (FDs). Prohibitory orders were issued on the industrial undertaking and office premises as well.2. The main issue in the writ petition was not the existence of undisclosed income by the petitioner but the unauthorized encashment of assets by respondent No. 1 without proper assessment orders. The court clarified that the challenge was directed towards the action of encashing assets without legal authority.3. The Department's senior counsel admitted that respondent No. 1 lacked the authority to encash FDs or withdraw cash without an assessment order. It was acknowledged that the appropriation of assets without assessment orders was not supported by the Income-tax Act. The court criticized the high-handed appropriation by respondent No. 1.4. The court directed the Department to bring back the withdrawn amounts into the respective accounts by a specified date. The petitioners were allowed to reinvest a significant sum in FDs under certain conditions. The attachment of accounts, bonds, and FDs was ordered to continue until appropriation in accordance with the law.5. The judgment concluded by disposing of the writ petition, providing instructions for further actions by the parties based on the court's order. The detailed order specified the amounts to be brought back, reinvested, and the continued attachment of certain assets until lawful appropriation is carried out.In summary, the High Court's judgment addressed the unauthorized encashment of assets by the Department without assessment orders, directing the return of withdrawn amounts and allowing reinvestment under specified conditions while maintaining the attachment of certain assets until lawful appropriation.