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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 22nd DAY OF OCTOBER 2018
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
WRIT PETITION No.30405/2018 (T-IT)
BETWEEN:
Shri. Chandrashekar Bhat Aged about 49 years S/o late Shri. Kilpady Govinda Bhat Residing at No.70, Anantha Villa 5th B Main Road Narayanappa Block RT Nagar, Bangalore-560032 PAN No.ADOPB 9307 L Represented by Smt. Rajani C Bhat.
…Petitioner (By Mr. Darshan L, for Mr. M.S. Shyamsundar, Advocate)
AND:
The Principal Commissioner of Income Tax (Central) Office of Pr. CIT, Central Revenue Bldg., Queens Road, Bengaluru-560001.
The Director General of Income-Tax (Investigations) Office of DGIT (Inv) Central Revenue Bldg., Queens Road, Bengaluru-560001.
…Respondents (By Mr. K.V. Aravind, Advocate for R1 & R2)
Date of Order 22-10-2018 W.P.No.30405/2018 Shri. Chandrashekar Bhat Vs. The Principal Commissioner of Income Tax (Central) & Anr.
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This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to issue an appropriate writ or order in the nature of Certiorari quashing the impugned endorsement issued by the 1st Respondent dated 04-07- 2018, bearing No. F No. 18(108)/Rel./Pr.CIT(C)/208-19 vide Annexure-A to the writ petition & etc.
This Writ Petition coming on for preliminary hearing in ‘B’ Group this day, the Court made the following:-
ORDER Mr. Darshan L, Mr. M.S. Shyamsundar, Adv. for Petitioner Mr. K.V. Aravind, Adv. for R1 & R2
The present writ petition has been filed by the petitioner seeking the release of Jewellery, Bullion, Silver articles, foreign currency and other articles seized in the course of search under Section 132 of the Income Tax Act on 04/05/2013.
The said release was denied by the Respondent - the Principal Commissioner of Income Tax (Central), Bengaluru, vide communication Annexure A dated 04/07/2018 on the ground that the appellate
Date of Order 22-10-2018 W.P.No.30405/2018 Shri. Chandrashekar Bhat Vs. The Principal Commissioner of Income Tax (Central) & Anr.
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proceedings initiated at the instance of the Department against the assessment of tax liability of the Assessee were pending before the Tribunal.
Today, the learned counsel for the Respondent Department, Mr. K.V. Aravind makes a statement that in view of the Circular of the Central Board for Direct Taxes (CBDT), the appeal filed by the Revenue having revenue stakes less than the prescribed limit, stood disposed of by the Tribunal and therefore, the impugned endorsement Annexure A dated 04/07/2018 may itself require a reconsideration at the hands of the Revenue, the Department.
In view of the said statement of the learned counsel for the Respondent Department, the present writ petition is disposed of with a direction to the Respondent Authority, viz. the Principal Commissioner of Income Tax (Central), Central Revenue Building, Queen’s Road, Bengaluru, to re-consider the request for
Date of Order 22-10-2018 W.P.No.30405/2018 Shri. Chandrashekar Bhat Vs. The Principal Commissioner of Income Tax (Central) & Anr.
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release of the seized articles of the petitioner afresh expeditiously within a period of four weeks from today.
Sd/- JUDGE BMV*