2011 (1) TMI 1185

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.... T.R. Ramachanran Nair:   This writ petition is filed by the petitioner seeking for a direction to release the gold articles seized vide Exts.P1, P1(a) and P1(b) to the petitioner, accepting the security by way of deposit of title deeds of the property and declaration, without insisting for registration of Mortgage Deed.   2. The issue arises under the Income Tax Act, 1961. The fir....

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....Income Tax, Thrissur or the authority competent in that regard shall take a decision with respect to release of the gold on accepting proper security by way of immovable property, pending finalisation of the proceedings. Ext.P7 is the communication thereafter issued by the Department to the petitioner wherein it was directed that apart from the draft declaration which has to be amended, a Mortgage....

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....of the Memorandum of Deposit of Title Deeds [Ext.P10(a)]. Whereas, according to the Department, it is Exts.R3(B) and R3(C) which are the modified forms of Declaration and the draft of the Mortgage Deed produced along with I.A.No.191/10 to be executed by the parties concerned.   4. The property offered is that of the brother of the petitioner who is a stranger to the transaction. It is in t....