TaxTMI 
TaxTMI 
2023 (7) TMI 689
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.... (b) direct the Respondent No. 4 to release the seized gold weighing 100.350 grams of the petitioner; (c) any other and further relief deemed just and proper be granted in the interest of justice; (d) to provide for the costs of this petition;" 4. The factual matrix of the case, leading to the filing of the present petition, are that, according to the petitioner, he filed his income tax return for the A.Y. 2018-2019 on 17.09.2018, declaring total income of Rs. 11,53,400/-. 4.1 It is, further, the case of the petitioner that during the course of search and seizure, carried out under Section 132 of the Income Tax Act, 1961 (in brief, 'the Act'), in respect of one Mr. Sureshkumar from Jay Mata Di Air Service and one Mr. Jagdish Prasad from Bright Courier, a parcel containing gold, weighing total 720.34 grams, was intercepted and seized by Respondent No. 4 on 27.10.2017. 4.2 Pursuant to the above, the assessment proceedings were carried out, as provided under Section 153C of the Act, for the A.Y. 2018-2019, where, Respondent No. 3 added the value of the seized gold of the petitioner, weighing 720.34 grams, i.e. Rs. 21,79,813/-, to the total income of the petitioner, treatin....
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.... petitioner, submitted that there is no demand outstanding against the present petitioner for any of the liabilities, as provided under Section 132B(1)(i) of the Act, after the effect is given to the order of the Appellate Authority dated 07.04.2021 and therefore, the Respondent-authorities ought to have released the remaining seized gold, weighing 100.350 grams, in favour of the petitioner. 6.1 In support of his submission, learned Advocate, Mr. Mehta, referred to and relied on the provisions contained in Section 132B(1)(i) of the Act. 6.2 Next, learned Advocate, Mr. Mehta, referred to the order passed by the Appellate Authority, a copy whereof is produced at Page-31 of the compilation, and relied, more particularly, on the observations made in Paragraph-12.9, thereof. 6.3 Learned Advocate, Mr. Mehta, submitted that even otherwise, the order passed by the Appellate Authority, Dated: 25.02.2021, has attained finality. It was, therefore, submitted that, now, it is not open to the Respondents to contend that, since, a demand is pending qua the sender, i.e. M/s. Anant Jewellers, the remaining seized gold, weighing 100.350 grams, cannot to be released. 6.4 In support of his submissi....
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....onsequently, a demand of Rs. 3,09,992/- has also been raised against the assessee, M/s. Anant Jewellers, the request of the petitioner to release the remaining seized gold has rightly not been entertained and thereby, the Respondents have committed no illegality. 7.2 It was, therefore, prayed that this petition be dismissed. 8. We have heard the learned Counsels for the parties and also perused the material produced on record, which, reveal that the Respondent-authorities intercepted one Mr. Sureshkumar from Jay Mata Di Air Service and one Mr. Jagdish Prasad from Bright Courier, who were carrying parcel of gold, weighing total 720.34 grams, and seized the same on 27.10.2017. 8.1 In wake of the above, the Respondent-authorities initiated the assessment proceedings under Section 153C of the Act and an addition of Rs. 21,79,813/- was made, in respect of the seized gold, weighing 720.34 grams, to the total income of the petitioner. The petitioner challenged the action of the Respondent-authorities before the Appellate Authority by way of filing an appeal, which allowed the same vide order dated 25.02.2021. 8.1.1 Now, if, the order passed by the Appellate Authority, Dated: 25.02.202....
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....y the Appellate Authority on merits, but, the same was dismissed on the ground that it was filed, without mentioning even a single ground for appeal. 8.3 At this stage, it would be relevant to refer to the provisions of Section 132B(1)(i) of the Act, which provides that; "[132B]. Application of seized or requisitioned assets.- (1) The assets seized under section 132 or requisitioned under section 132A may be dealt with in the following manner, namely:- (i) the amount of any existing liability under this Act, the Wealth-tax Act, 1957 (27 of 1957), the Expenditure-tax Act, 1987 (35 of 1987), the Gift-tax Act, 1958 (18 of 1958) and the Interest-tax Act, 1974 (45 of 1974), and the amount of the liability determined on completion of the assessment [under section 153A and the assessment of the year relevant to the previous year in which search is initiated or requisition is made, or the amount of liability determined on completion of the assessment under Chapter XIV-B for the block period, as the case may be] (including any penalty levied or interest payable in connection with such assessment) and in respect of which such person is in default or is [deemed to be in default, or t....
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....n of income for the A. Y. 2018-19 on 29th September 2018 declaring his total income to the tune of Rs. 16,41,430/-. 4 It appears that search was carried out in the case of one Shri Sureshkumar under Section 132 of the Income Tax Act (for short, "the Act"). It is the case of the Revenue that one M/s. Parv Kundan and Diamonds Private Limited, in its capacity as the consignor, dispatched a package containing gold jewellary weighing 524.500 grams, through a courier which was to be received by the writ applicant as the consignee. The case of the writ applicant is that he had purchased the gold weighing 524.500 grams from M/s. Parv Kundan and Diamonds Private Limited. 5 The assessment proceedings were carried out in the case of the writ applicant under Section 153C of the Act. In the assessment proceedings for the A. Y. 2018-19, the respondent No. 3 added the seized gold jewellary weighing 524.500 grams valued at Rs. 12,26,333/- to the total income of the writ applicant treating the same as unaccounted investment vide the assessment order under Section 143(3) read with Section 153C of the Act dated 19th December 2019. 6 The writ applicant is here before this Court with a prayer ....