RAJIV KUMAR GUPTA vs. ASSISTANT COMMISSIONER OF INCOME TAX CERNTARL CIRCLE 5 DELHI

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W.P.(C)/14777/2025HC DelhiDLHC01072667202513 October 2025Bench: HON'BLE MR. JUSTICE V. KAMESWAR RAO,HON'BLE MR. JUSTICE VINOD KUMAR2 pages
AI SummaryRemanded

What did the High Court hold?

The Delhi High Court disposed of the writ petition. The Court noted that the seized amount of Rs. 70,00,000/- had already been released to the petitioner on 03.10.2025. The primary remaining issue was the grant of interest. The Court directed the Assessing Officer (AO) to consider the issue of grant of interest in accordance with law within a period of six weeks from the date of the order. The AO was to communicate its decision to the petitioner. If the petitioner was found entitled to interest, it was to be released within four weeks thereafter. The Court also granted liberty to the petitioner to seek further remedy if aggrieved by any order passed by the AO. No specific finding was made on the entitlement to interest, as it was left to the AO's consideration.

What were the facts?

The petitioner, Rajiv Kumar Gupta, filed a writ petition before the Delhi High Court seeking the release of Rs. 70,00,000/- seized during search and seizure proceedings, along with applicable interest under Section 132B(4) of the Income Tax Act, 1961, and 12% interest from the date of assessment until payment. The respondent was the Assistant Commissioner of Income Tax. The assessment year(s) are not explicitly stated. The procedural history involves the petitioner filing the writ petition, the respondent seeking time to take instructions, and subsequently, the petitioner stating that the seized amount of Rs. 70,00,000/- was released on 03.10.2025. The sole remaining issue was the grant of interest on the seized amount.

What were the issues?

1. Whether the petitioner is entitled to interest on the seized amount of Rs. 70,00,000/- under Section 132B(4) of the Income Tax Act, 1961, and further interest at 12% from the date of assessment till the date of payment. Assessee's Contention: The petitioner argued for the immediate release of the seized amount along with applicable interest, including 12% interest from the date of assessment until payment. Revenue's Contention: The respondent's counsel stated that the issue of granting interest would be considered by the Assessing Officer (AO) within six weeks from the date of the order.

Which sections of the Income-tax Act were involved?

132B(4)

AI-generated summary — verify with the full judgment below

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14777/2025 RAJIV KUMAR GUPTA .....Petitioner Through: Mr Nitin Gupta, Mr Ayush Chauhan, Ms Tia Sachdeva, Advocates. versus ASSISTANT COMMISSIONER OF INCOME TAX CERNTARL CIRCLE 5 DELHI .....Respondent Through: Mr. Sunil Agarwal, SSC Mr. Shivansh B. Pandya, Mr. Viplav Acharya, Ms. Priya Sarkar, JSCs and Mr. Utkarsh Tiwari, Advocate. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR O R D E R % 13.10.2025 1. This petition has been filed with the following prayer:- “(a) Pass an appropriate Writ/Order/Direction, directing the Respondent to immediately release the seized amount of Rs.70,00,000/- (Rupees Seventy Lakhs only) which was seized during the course of the search and seizure proceedings, along with the applicable interest under Section 132B(4) of The Income Tax Act, 1961 till the date of assessment and 12% interest from the date of assessment till the date of payment thereof, to the Petitioner; and” 2. On the last date of hearing, the learned counsel for the respondent had sought time to take instructions. At this stage, the learned counsel for the petitioner states that the seized amount of Rs.70.00 Lacs has been released to the petitioner on 03.10.2025. His only submission is that the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2025 at 12:22:13

interest thereon has not been granted. 3. On this, Mr Sunil Agarwal, submits that the issue of grant of interest shall be considered by the Assessing Officer (AO) within a period of six weeks from today, as an outer limit. 4. If that be so, we dispose of the writ petition by directing the AO to consider the issue of grant of interest in accordance with law and communicate its decision to the petitioner. If the petitioner is entitled to the interest, the same shall be released within four weeks thereafter, but if the petitioner is aggrieved by any order to be passed, liberty shall be with the petitioner to seek the remedy, as available in accordance with law. 5. The petition is disposed of. V. KAMESWAR RAO, J VINOD KUMAR, J OCTOBER 13, 2025 M This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2025 at 12:22:13

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