Wtax/5/2025 Of Amit Kumar Ghidia And 2 Others v. Union Of India Thru. Secy. Ministry Of Finance Deptt. Of Income Tax New Delhi And 3 Others

Court No. - 2 Case :- WRIT TAX No. - 5 of 2025 Petitioner :- Amit Kumar Ghidia And 2 OthersRespondent :- Union Of India Thru. Secy. Ministry Of FinanceDeptt. Of Income Tax New Delhi And 3 OthersCounsel for Petitioner :- Mudit AgarwalCounsel for Respondent :- A.S.G.I.,Dr. Ravi Kumar Mishra,Kushagra Dikshit Hon'ble Rajan Roy,J.Hon'ble Manish Kumar,J. Heard. The petitioner seeks release of jewellery, ornaments and otherarticles of gold and silver seized from the lockers no. 71 & 913,HDFC Bank, Hazratganj, Lucknow on 09.04.2024, as theybelong to the family members and have been duly declared inthe Wealth Tax Returns. Learned Counsel has referred toSection 132 (B) of the Income Tax Act, 1961 in this regard. Learned Counsel for the Revenue says that no application hasbeen submitted before the Assessing Officer, as per thedocuments annexed with the writ petition, a fact which couldnot be refuted as of now by the Counsel for the petitioners. Nevertheless, as there is a provision contained in Section 132(B), let the petitioners submit an application subject to thestatutory period prescribed, before the Assessing Officer interms of the said provision, which shall be considered anddecided as per law, but with expedition. If the application hadalready been submitted but the same is not on record, the samewould be considered and processed as per law. The writ petition is disposed of in the aforesaid terms. Order Date :- 20.1.2025Lokesh Kumar [Manish Kumar, J.] [Rajan Roy, J.]