2010 (10) TMI 845

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....appeal is preferred by the partially successful petitioner in W.P.(C) No.19146 of 2010 aggrieved by the judgment dated 5th August, 2010.   2. The facts leading to the present appeal are as follows:   On 19.2.2008, the Kerala Police have intercepted a Skoda car bearing Registration No.TN43/Z-2500 somewhere in the Wayanad District and on search of the vehicle they recovered an amount....

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....ified in the said notice and to attend the office of the Assistant Director of Income Tax, Calicut. Admittedly the proceedings for making the assessment under Section 153A of the Income Tax Act against the appellant are pending.   4. On 8.5.2010, the appellant made a representation to the first respondent praying that the above mentioned amount may be released in his favour. Complaining th....

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....f the seized amount which is in excess of Rs.65,00,000/- within a period of one month without prejudice to the respective rights and obligations of the parties under the provisions of the Income Tax Act.   6. Admittedly, the assessment proceedings against the appellant are pending. We understand from the material on record that on an allegation of violation of the provisions of the FEMA ce....

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....7,940/-.   7. It is not very clear from the record nor the learned counsel for the respondents is able to make any statement regarding the time frame required for completing the assessment against the appellant. We are informed that the total amount lying with the respondents as on 28.7.2010, the date on which the statement in the writ petition was filed, is Rs.1,03,79,468/-, i.e. the seiz....