Dr.kamala Selvaraj v. The Commissioner Of Income Tax, Central-Ii

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAMTHE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.18018 of 2014 Dr.Kamala SelvarajProp. G.G. Hospital,6-E, Nungambakkam High Road,Chennai-600 035. ... PetitionerVs. 1.The Commissioner of Income Tax, Central-II, No.46, Mahatma Gandhi Road, Chennai-600 034. 2.The Director General of Investigation-Income Tax, No.46, Mahatma Gandhi Road, Chennai-600 034. 3.The Assistant Commissioner of Income Tax, Central-II(5), No.46, Mahatma Gandhi Road, Chennai-600 034. ... Respondents Prayer: Writ Petition is filed under Article 226 of theConstitution of India praying for the issuance of a Writ ofMandamus directing the respondents to release the seizedjewellery worth Rs,7,27,78,150 and cash of Rs.1.80 crores alongwith 18% interest from the date of seizure i.e. 24.11.2011 tillthe date of return in exercise of powers under Section 132 B ofthe Income Tax Act within a period of one week from the date oforder. For Petitioner : Mr.S.Sridhar For Respondents : Mr.T.Pramodkumar Chopda Standing Counsel for IT cases. ORDER This writ petition is filed seeking a direction to therespondents to release the seized jewellery worthRs,7,27,78,150/- and cash of Rs.1.80 crores along with 18%interest from the date of seizure i.e. 24.11.2011 till the dateof return in exercise of powers under Section 132 B of theIncome Tax Act within a period of one week from the date oforder. 2. Though the writ petition is posted along with connectedwrit petition in W.P.No.34638 of 2013, it could not be takenup in view of paucity of time. 3. The learned counsel appearing for the petitionersubmits that in view of the specific stand taken in paragraph15 of the counter affidavit, the writ petition may be disposedof, particularly, taking into consideration the age of thepetitioner, who is said to be 74 years old. 4. The learned Standing Counsel appearing for therespondents submits that if the petitioner is ready and willingto furnish irrevocable bank guarantee equivalent to the value ofthe jewellery seized, it can be released as mentioned inparagraph 15 of the counter affidavit filed by the respondents.The learned Standing Counsel also submits that on thepetitioner furnishing irrevocable bank guarantee equivalent tothe value of the seized jewellery, the same may be released. 5. Considering the submissions made, the averments made inparagraph 15 is recorded hereunder. “15. Without prejudice to the above contentionsit is submitted that pending disposal of all thewrit petitions, if the petitioner is ready tofurnish an irrevocable bank guarantee equivalentto the value of the seized jewellery based on afresh valuation report as per the provisions ofthe Act till the disposal of all the above writpetitions, the seized jewellery can be releasedto the petitioner.” 6. In the light of the same, the writ petition standsdisposed of by directing the respondents to release the seizedjewellery on condition that the petitioner furnishingirrevocable bank guarantee equivalent to the value of thejewellery seized based upon a fresh valuation report. Therespondents shall intimate the petitioner on the bank guaranteeto be furnished by her based upon fresh valuation report within https://hcservices.ecourts.gov.in/hcservices/ a period of two weeks from the date of receipt of a copy of thisorder. Thereafter, the petitioner shall furnish irrevocablebank guarantee for the aforesaid value within a furtherperiod of two weeks. On such compliance by the petitioner, therespondent shall release the jewellery seized within afurther period of two weeks. This order is passed withoutprejudice to the contentions in the other writ petition inW.P.No.34638 of 2013. Sd/- Assistant Registrar(CS II) raaTo //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ a period of two weeks from the date of receipt of a copy of thisorder. Thereafter, the petitioner shall furnish irrevocablebank guarantee for the aforesaid value within a furtherperiod of two weeks. On such compliance by the petitioner, therespondent shall release the jewellery seized within afurther period of two weeks. This order is passed withoutprejudice to the contentions in the other writ petition inW.P.No.34638 of 2013. Sd/- Assistant Registrar(CS II) raaTo //True Copy// Sub Assistant Registrar 1. The Commissioner of Income Tax, Central-II, No.46, Mahatma Gandhi Road, Chennai-600 034.2. The Director General of Investigation-Income Tax, No.46, Mahatma Gandhi Road, Chennai-600 034.3. The Assistant Commissioner of Income Tax, Central-II(5), No.46, Mahatma Gandhi Road, Chennai-600 034. +1cc to Mr.S.Sridhar, Advocate, S.R.No.50922+1cc to Mr.T.Pramodkumar Chopda, Advocate, S.R.No.50826W.P.No.18018 of 2014 RSK(CO)CA(08/09/2016) https://hcservices.ecourts.gov.in/hcservices/