Wp/50249/2018 Of Syed Asif B M v. The Income Tax Officer

IN THR HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THR 18 DAY OF JULY, 2019 BEFORE: THR HON’BLE MRS. JUSTICK S.SUJATHA WRIT PETITION No.50249/2018 (T IT) BETWEEN: SYED ASIF B.M.,»/O LATE B.N.MUNAWARAGED ABOUT 27 YEARSR/A NO.03, RAHIMUNNISA MANZILMANGAMMAN PALYA MAIN ROADI A CROSS, S.NAZEER SAB LAYOUTBOMMANAHALLI, BANGALORE-560 068 _. PRTITIONBR (BY SRI ARAVINDA KAMATH P., ADV.oRI DILRAJ ROHIT SEQUEIRA, ADV.) AND: 1.|THE INCOME TAX OFFICKBRWARD4 (3) (4), KORAMANGALA|BANGALORBE-560 034WARD4 (3) (4), KORAMANGALA|BANGALORBE-560 034 oD THER DEBEPUTY DIRECTOR OF INCOME T(INV) (OSD) KARNATAKAUNIT 2 (8), QUEENS ROAD ANNEXEBANGALORE-560 OO 1.. RESPONDENTS. (BY SRI K.V.ARAVIND, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF]THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO R-1 TO.RELKASKE THR SUM OK RUPEES ITWERNIY LAKHS ONIRS.20,00,000| WHICH WAS SEIZED BY THE R-2 AS PERANNBXURE-A TO THR PRTITIONER. THIS PETITION COMING ON FOR ORDERS, THIs DAY,|THR COURT MADE THERE FOLLOWING -9.- ORDER The petitioner has sought for a direction to therespondent No.1 to release the sum of Rs.20,00,000/-.|Rupees Twenty Lakhs Only| which was seized by therespondent No.2 as per Annexure-A to the writ petition. 2 |It is submitted that the petitioner is an|individual and an income tax assessee. It transpiresthat on 01.05.2018, cash of Rs.20,00,000/- [RupeesTwenty Lakhs Only| was seized by the police pertainingto Mico layout police station while it was being carriedby the petitioner along with his relative Mr. Zemeer.B.Nin his car and the same was handed over to the IncomeTax Authorities by the police. 3.|The petitioner was summoned by the IncomeTax Authorities and it appears that the explanation hasbeen given by the petitioner for having carried the saidsum of Rs.20,00,000/- [Rupees Twenty Lakhs Only]. -3- The petitioner has made the application/representationdated 14.08.2018 tor release of the said amount but in)vain. Hence, this writ petition. 4Learned counsel for the petitioner placingreliance on Section 132B of the Income Tax Act, 1961.‘Act’ for short] would submit that it was obligatory onthe part of the respondent No.1 to take a decision in thematter in terms of the First Proviso to Section 132B andto release the amount within a period of 120 days fromthe date on which the last date of requisition undersection 132A was executed. However, no action has.been taken by the respondents despite several requestsmade pursuant to the representation dated 14.09.2018at Annexure-D to the writ petition. 5 |Learned counsel for the Revenue wotld|submit that unless the returns are filed by thepetitioner relating to the assessment year in question,no request made by the petitioner would be considered -4- in view of the inconsistent statements made by thepetitioner inasmuch as carrying the said amount ofRs.20,00,000/- [Rupees Twenty Lakhs Only]. 6.|Having heard the learned counsel for theparties and perusing the material on record, it is not indispute that on the request made under Section 132A ofthe Act, the amount of Rs.20,00,000/- {Rupees TwentyLakhs Only| has been held up with the respondent No.1. — [|In such circumstances, it is incumbent onthe respondent No.1 to proceed in accordance with theproviso to Section 132B of the Act but the same havingnot been done, this Court deems it appropriate to directthe respondent No.1 to take a decision in terms of theSection1328.andtheprovisothereof.OT]the.representation submitted by the petitioner dated14.09.9018 at Annexure-D in accordance with law in an|expedite manner preferably within a period of four %�&�%�� B22D:�=86A�412�>942�6=�82?2534�6=�?2845=52>�?63C�6=�412�68>28�� 541�412�9=682:95>�6F:28H94567:�97>�>582?4567:�� B854�32454567�:497>:�>5:36:2>�6=��� ���� �����������