Court orders return of seized assets to petitioners, criticizes respondent's refusal.

Mithilesh Kumari Jain And Others Versus Commissioner Of Income-Tax

Mithilesh Kumari Jain And Others Versus Commissioner Of Income-Tax - [1994] 209 ITR 337, 114 CTR 284, 70 TAXMANN 448 Issues:
Release of seized assets - Writ of mandamus sought by petitioners.

Analysis:
The petitioners filed a petition seeking a writ of mandamus to direct the respondent to release assets mentioned in an order dated February 16, 1993. The background of the case involves an FIR lodged against petitioner No. 3 under the Prevention of Corruption Act for accepting illegal gratification. Subsequently, a briefcase containing jewellery and cash was recovered from petitioner No. 3's residence. The Income-tax Department, upon being informed, issued a warrant of authorization under the Income-tax Act to take possession of the cash and jewellery. The Department later concluded that the assets belonged to petitioners Nos. 1 and 2.

The petitioners requested the respondent to return the jewellery and cash, which led to an order dated February 16, 1993, stating that the assets were no longer required as per the Assessing Officer's report. However, the respondent refused to return the assets, citing that they were impounded under section 132A and only the High Court could decide on the issue. The petitioners sought clarification through an application in a previous writ petition, and the court clarified that there was no stay on proceedings before the income-tax authorities, allowing the Commissioner to release the assets under section 132B(3) of the Income-tax Act.

The High Court noted that the investigation was focused on the alleged illegal gratification and not the jewellery and cash recovered. It criticized the respondent's reluctance to release the assets, especially since they had been explained by petitioners Nos. 1 and 2. Consequently, the court disposed of the petition, directing the respondent to pass appropriate orders within a week to release the jewellery and cash to petitioners Nos. 1 and 2.