2005 (4) TMI 38

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.... (i) to declare the seizure of gold bullion on December 9, 2004 to be null and void; (ii) to declare the search and seizure conducted in the premises of the petitioner on December 9, 2004 as void and without there being any authority of law and without jurisdiction; (iii) to direct the respondent-authorities to hand over the goods which have been seized by them to the petitioner forthwith; ....

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....refore, such bullion cannot be seized and the proviso to section 132 only gives power to make inventory. But here in the instant case 44 kg. gold has been seized by the Income-tax Department. Learned counsel appearing on behalf of the Income-tax Department Mr. R. B. Mathur does not dispute so far as this proviso to section 132 but he submits that the petitioner has to submit an application for ....

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....n of the asset. On the contrary learned counsel for the petitioner submits that immediately after seizure the petitioner has sent the entire record to the office at Bombay and at Jaipur. Both the offices have returned the same without considering and without explaining any reason as to why the authorised officer is not satisfied with the record and it is only mentioned that since the record is ....

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....s with the respondents and satisfies them, they undertake to release the goods forthwith. In view of the aforesaid submissions and the provisions of law without entering into the merits of the case as the petitioner has every right to challenge the seizure memo and can also raise the issue against the flaws and violation of any of the provisions of the Act and the Rules but at the same time the....