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        Case ID :

        2019 (3) TMI 550 - HC - FEMA

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        High Court Bombay orders refund of seized cash & deposits with interest, release of title deeds, & compliance by specified deadline. The High Court Bombay directed the department to refund the seized cash and deposited amount with interest, release the original title deeds, and ensure ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            High Court Bombay orders refund of seized cash & deposits with interest, release of title deeds, & compliance by specified deadline.

                            The High Court Bombay directed the department to refund the seized cash and deposited amount with interest, release the original title deeds, and ensure compliance with the specified directions by a set deadline. The FERA Board's order was upheld, with the department instructed to return Rs. 6,000 with 8% interest from the date of seizure and refund Rs. 20,000 with 8% interest from the date of deposit till 20th May, 1994. If the amount was in Fixed Deposits post this date, interest accrued on them should also be refunded. Simple interest at 8% p.a. should be calculated and paid if no Fixed Deposits were made.




                            Issues:
                            - Refund of seized cash and deposited amount with interest
                            - Release of original title deeds

                            Refund of Seized Cash and Deposited Amount with Interest:
                            The applicant, who was facing proceedings under FERA, had cash amount of Rs. 6,000 and original title deeds seized by Government Authorities. The FERA Board allowed the appeal, cancelling penalties and directing a refund of Rs. 20,000 deposited by the applicant. The department's appeal was dismissed for default, and the FERA Board's order attained finality. Despite this, the department did not return the seized cash or refund the deposited amount. The High Court directed the department to return Rs. 6,000 with 8% interest from the date of seizure and refund Rs. 20,000 with 8% interest from the date of deposit till 20th May, 1994. If the amount was in Fixed Deposits post this date, interest accrued on them should also be refunded. If no Fixed Deposits were made, simple interest at 8% p.a. should be calculated and paid. These directions were to be completed by 30th April.

                            Release of Original Title Deeds:
                            The applicant also sought the release of her original title deeds held by the department. The High Court directed the respondent to return the applicant's original documents in their custody.

                            In conclusion, the High Court Bombay directed the department to refund the seized cash and deposited amount with interest, release the original title deeds, and ensure compliance with the specified directions by a set deadline.
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                            Topics

                            ActsIncome Tax
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