Deputy Director, Income-Tax (Investigation)-Ii, Jaipur v. State Of Rajasthan & Ors

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANAT JAIPUR BENCH JAIPUR S.B. Criminal Misc. Petition No.2376/2006 Deputy Director, Income-Tax (Investigation)-II, Jaipur Versus State of Rajasthan & Ors. DATE OF ORDER : 27/01/2015 HON'BLE MR. JUSTICE M.N. BHANDARI Mr. Anuroop Singhi with Mr. Saurabh Jain, for petitioner Mr. Sudesh Saini, P.P., for the State Mr. Pradeep Choudhary, for non-petitioner/s *** By this petition, a challenge is made to the orders dated10.03.2006 and 21.07.2006. The orders aforesaid were passed inreference to search and seizure of amount of Rs.30,69,593/-. Anapplication was filed by Satyanarain Parwal stating receipt of amountout of sale of agriculture land. The prayer was made for release ofamount. The prayer was made by the Income Tax Department also forhanding over the amount. The application aforesaid was decided bythe court vide impugned order dated 10.03.2006 refusing to releasethe amount in favour of assessee, Income Tax Department andDirectorate Enforcement. A revision petition against the said orderwas also dismissed. It is stated that assessment has been finalized. Aprayer is accordingly made to release the amount in the light of finalassessment order. Learned counsel for non-petitioner has not disputed assessmentin pursuance to the proceedings pending before the appropriateauthority of Income Tax Department. Prayer is made by both the parties to issue a direction for release of amount in the light of assessment order. I have considered the submissions made by the parties and findthat after the impugned orders, assessment has been finalized by thedepartment, thus right of the parties to receive the amount would begoverned by the said order. Accordingly, while setting aside both theimpugned orders, direction is given to release the amount afterconsidering order of assessment. If it is in favour of the assessee, therelease of the amount would be made accordingly and if it goesagainst him then be given to the department after considering theorder of assessment. The petition stands disposed of with the aforesaid. [M.N.BHANDARI], J. FRBOHRA/2376CMP2006.doc Certificate: “All corrections made in the judgment/order have been incorporated in the judgment/orderbeing emailed.” FATEH RAJ BOHRA, Sr. P.A.