Date Of Order 22-10-2018 W.p v. The Principal Commissioner Of Income Tax (Central) & Anr

IN THE HIGH COURT OF KARNATAKA, BENGALURU. DATED THIS THE 22[nd]DAY OF OCTOBER 2018 BEFORE THE HON'BLE Dr. JUSTICE VINEET KOTHARI(WRIT PETITION No.30405/2018 (TIT) BETWEEN: Shri. Chandrashekar Bhat.Aged about 49 yearso/o late Shri. Kilpady Govinda BhatResiding at No.70, Anantha Villa#[th]B Main RoadNarayanappa BlockRT Nagar, Bangalore-560032PAN No.ADOPB 9307 LRepresented by Smt. Rajani C Bhat. _.. Petition 4By Mr. Darshan L, for Mr. M.S. Shyamsundar, Advocate) AND: 1,The Principal Commissioner of|Income Tax (Central)Office of Pr. CIT, Central Revenue Bldg.,Queens Road, Bengaluru-560001.Income Tax (Central)Office of Pr. CIT, Central Revenue Bldg.,Queens Road, Bengaluru-560001. oDThe Director General ofIncome-Tax (Investigations)Ottice of DGIT (Inv)Central Revenue Bldg.,Queens Road, Bengaluru-560001. ... Respondents| 4By Mr. K.V. Aravind, Advocate for R1 & R2) Date of Order 22-10-2018 W.P.No.30405/2018 Shri. Chandrashekar Bhat Vs. The Principal Commissioner of Income Tax (Central) & Anr. 2/4 This Writ Petition is filed under Articles 226 & 227 ot!the Constitution of India praying to issue an appropriate writor order in the nature of Certiorari quashing the impugnedendorsement issued by the l Respondent dated O4-0/7-2018, bearing No. F No. 18(108)/Rel. /Pr.CIT(C)/208-19 videAnnexure-A to the writ petition & etc. This Writ Petition coming on for preliminary hearing in‘B’ Group this day, the Court made the following:- ORDER Mr. Darshan L,Mr. M.S. Shyamsundar, Adv. for Petitioner ©Mr. K.V. Aravind,Adv. for R1 & R2 1. The present writ petition has been filed by thepetitioner seeking the release of Jewellery, Bullion,silver articles, foreign currency and other articles seizedin the course oft search underSection 132.ot the.Income Tax Act on04/05/2013. 2. The said release was denied by the Respondent - the Principal Commissioner of Income Tax (Central), Bengaluru, vide communicationAnnexure Adated04/07/2018OT]the.sroundthat|the.appellate Date of Order 22-10-2018 W.P.No.30405/2018 Shri. Chandrashekar Bhat Vs. The Principal Commissioner of Income Tax (Central) & Anr. 3/4 proceedings initiated at the instance of the Departmentagainst the assessment of tax liability of the Assesseewere pending before the Tribunal. 3. Today, the learned counsel for the RespondentDepartment, Mr. K.V. Aravind makes a statement thatin view of the Circular of the Central Board for Direct|Taxes (CBDT), the appeal filed by the Revenue havingrevenue stakes less than the prescribed limit, stooddisposed of by the Tribunal and therefore, the impugnedendorsementAnnexure Adated04/07/2018may itselfrequire a reconsideration at the hands of the Revenue,the Department. 4 [In view of the said statement of the learnedcounsel for the Respondent Department, the presentwrit petition is disposed of with a direction to theRespondent Authority, viz. the Principal Commissionerof Income Tax (Central), Central Revenue Building,Queen’s Road, Bengaluru, to re-consider the request for Date of Order 22-10-2018 W.P.No.30405/2018 Shri. Chandrashekar Bhat Vs. The Principal Commissioner of Income Tax (Central) & Anr. 4/4 release of the seized articles of the petitioner afresh expeditiously within a period of four weeks from today. BMV* Sd/-. JUDGE