2026 (1) TMI 995

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s the 'Legal Representative' of her father, one Late Shri Bhalchandra Bhaskar Thakoor. The Petitioner's deceased father (hereinafter referred to as the "deceased") was subjected to a 'search & seizure' action under Section 158BC read with Section 132 of the Income tax Act, 1961 (for short 'IT Act') on 4th & 5th September 1997, along with some of his family members. Subsequently an Assessment Order dated 30th September 1999 was passed under Section 158BC, for the Block Period 1.4.1987 to 15.9.1997. 3. In the course of the search action, some cash was seized, along with certain jewellery, from the persons put to search. In the case of the Petitioner (her deceased father), cash of Rs. 11,50,000/- (Rupees Eleven Lakhs Fifty Thousand only) wa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ans, which were independent of the cash seized during the search action. 8. Thereafter, the Petitioner availed of the scheme under the DTVSV Act, and also withdrew her appeals filed before this Court, in pursuance of her application under DTVSV scheme. 9. The Petitioner filed the necessary forms under the DTVSV Scheme (Form 1 & 2) and claimed credit for taxes paid by way of challans as well as credit for the cash that was seized and adjusted against the demand. 10. In Form No. 3 dated 27th February 2021 (Exhibit-F), issued by Respondent No. 1 under the said DTVSV scheme, credit was neither given for taxes paid by way of challans nor for the cash seized during the search. 11. The Petitioner followed/pursued the issues with the Re....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r the directions of this Court, the Respondent's stand briefly was that the record of cash that was seized, was not available and hence credit could not be given. As far as credit for taxes paid by way of challans is concerned, the stand of Respondent No. 1 is that the challans were not matching and hence credit for the same could not be given. The Petitioner also made an alternative plea for release of cash under Section 132B of the Income Tax Act and an Application was made before Respondent No. 2, under Section 132B(3) of the IT Act, for release of cash seized. 15. We are informed that the Respondent-Department had adopted an identical stand in case of one particular family member (Vasant Thakoor- WP(L)/33180/2023) of the Petitioner w....