1990 (1) TMI 58 - HC - Income Tax

Court rules seized cash belongs to assessee, daughter's claim dismissed. Delayed assertions, lack of explanation cited.

The court upheld that the seized cash belonged to the assessee, dismissing the daughter's ownership claim due to delayed assertions and lack of immediate ... Search And Seizure Issues:1. Seizure of cash from the residence of the assessee's daughter and business premises.2. Claim of ownership of seized cash by the daughter.3. Application of section 132(4A) of the Income-tax Act.4. Possession of the room from which the cash was seized.5. Allegations of mala fide intention or arbitrary conduct during the search.6. Compliance with statutory requirements during the search.7. Challenge against the orders of the Income-tax Officer and Commissioner.Analysis:The judgment revolves around the seizure of cash amounting to Rs. 85,000 from the bedroom of the assessee at his daughter's residence and Rs. 7,500 from his arrack business premises. The daughter claimed ownership of the entire amount, contending it as her income. However, the Income-tax Officer and Commissioner found that the cash belonged to the assessee, not the daughter. The daughter's delayed claim and lack of up-to-date cash books raised doubts. The daughter's husband admitted the seized room was the petitioner's bedroom, indicating the assessee's possession. The daughter's claim lacked credibility due to the delayed ownership assertion and failure to explain the source of income promptly.The petitioner's counsel argued for the application of section 132(4A) to presume the cash seized from the daughter's residence as her own. Additionally, the counsel contended that the daughter's self-employment and independent income source justified not treating the cash as the assessee's income. However, the son-in-law's admission about the bedroom's ownership and the daughter's claim over the cash from the business premises weakened the daughter's ownership claim. The court rejected the petitioner's arguments, emphasizing the daughter's delayed claim and lack of immediate explanation regarding the source of income.The judgment addressed the challenge against the orders of the Income-tax Officer and Commissioner. It highlighted the absence of irregularities in applying the presumption under section 132(4A) and affirmed that the possession of the room, despite the house belonging to the daughter, was with the assessee. The court dismissed the original petition, emphasizing that the search was conducted within the statutory duty of the Income-tax Officer and lacked grounds for interference based on mala fide intentions or arbitrary conduct. The judgment upheld the findings of the authorities, concluding that there was no merit in the petitioner's claims.In conclusion, the judgment upheld the decision that the seized cash belonged to the assessee, rejecting the daughter's ownership claim due to delayed assertions and lack of immediate explanation regarding the source of income. The court dismissed the original petition, affirming the legality of the search and the authorities' findings.