Release of seized jewellery and Application under Section 132B of the Income Tax Act, 1961
Getting jewellery released after its seizure is one of the tough task for the taxpayers.
In one of the case before MP High Court, jewellery was seized in Jabalpur and subsequently a Writ Petition was filed before Hon’ble Madhya Pradesh High Court (MP HC) seeking a direction against the Department to decide the Petitioner’s Application for release of seized jewellery.
Consensus was arrived before MP HC and the Department made a statement that the Application would be transferred to Petitioner’s Jurisdictional Officer (in Maharashtra) and decided within 30 days therefrom.
However, when the Order rejecting Petitioner’s Application (for release of seized jewellery) was passed, it was noted that the Officer did not have jurisdiction over the Petitioner.
In this backdrop, the Hon’ble Bombay High Court observed that on the sole ground of propriety, the Impugned Order rejecting Petitioner’s Application for release of jewellery was liable to be set aside.
The Authority passing the Order did not hold any jurisdiction over the Petitioner and this was in contravention of directions issued by the MP HC.
Accordingly, the Hon’ble Court directed the present Jurisdictional Officer of the Petitioner to decide its Application afresh after granting sufficient opportunity of hearing.
The copy of the order is as under:
