M/S SWARNA SHILPI vs. THE DEPUTY DIRECTOR OF INCOME-TAX

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WP/18701/2013HC KarnatakaKAHC01002820201325 April 2013Bench: RAM MOHAN REDDY3 pages
AI SummaryDisposed of

What did the High Court hold?

The High Court disposed of the writ petitions, directing the release of seized goods upon the petitioner furnishing a bank guarantee for their value. The court specified a timeline for the order and release of goods.

What were the facts?

The petitioners sought the unconditional release of seized gold ornaments and bullion. The Income Tax Department agreed to return the seized goods upon furnishing a bank guarantee.

What were the issues?

The primary issue was the release of seized gold ornaments and bullion by the Income Tax Department. The court's decision was based on a mutual agreement between the parties.

AI-generated summary — verify with the full judgment below

W.P.18701-703/13 1 IN THE HIGH COURT OF KARNATAKA, BANGALORE

DATED THIS THE 25TH DAY OF APRIL, 2013

BEFORE

THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

WRIT PETITION NOS.18701-703 OF 2013 (T-IT)

BETWEEN:

1.

M/S SWARNA SHILPI 74-A, SHEIKH MEMON STREET, 2ND FLOOR, OPP: HOTEL BHAGAT TARACHAND, ZAVERI BAZAR, MUMBAI-400002 REP BY ITS PARTNER SRI. RAJESH G. DHILIWAL AGED ABOUT 48 YEARS S/O SRI. GOVIND SINGH DHILIWAD

2.

SRI. PURNASHANKAR B. DAVE AGED ABOUT 32 YEARS S/O SRI. BHAGWATILAL DAVE, C/O M/S SWARNA SHILPI, 74-A, SHEIKH MEMON STREET, 2ND FLOOR, OPP. HOTEL BHAGAT, TARACHAAND, ZAVERI BAZAR, MUMBAI-400002

3.

SRI. NARENDRA P. CHORADIA AGED ABOUT 28 YEARS S/O SRI. PARASMAL CHORDIA C/O M/S SWARNA SHILPI, 74-A,SHEIKH MEMON STREET, 2ND FLOOR, OPP. HOTEL BHAGAT, TARACHAAND, ZAVERI BAZAR, MUMBAI-400002 ... PETITIONERS

(By Sri. S PARTHASARATHI, ADV.)

W.P.18701-703/13 2 AND

1.

THE DEPUTY DIRECTOR OF INCOME-TAX (INVESTIGATION), UNIT-1(1), 3RD FLOOR, C.R. BUILDING ANNEXE, QUEEN’S ROAD, BANGALORE-01

2.

THE DIRECTOR OF INCOME-TAX

(INVESTIGATION), C.R.BUILDING,

QUEEN’S ROAD,

BANGALORE – 560 001.

3.

THE DIRECTOR GENERAL OF INCOME TAX 3RD FLOOR, C.R. BUILDING, QUEEN’S ROAD, BANGALORE-01 ... RESPONDENTS

(By Sri. K V ARAVIND, ADV. )

THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1, TO ACCEPT THE BANK GUARANTEE & TO RELEASE THE GOLD ORNAMENTS & BULLION SEIZED VIDE PANCHANAMA VIDE ANN-B, UNCONDITIONALLY.

THESE WRIT PETITIONS COMING ON FOR PRL.HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Recording the submission of Sri.K.V.Aravind, learned counsel for the respondent-Income tax Department that the seized goods would be returned to the petitioner if a Bank Guarantee for the value of the seized goods favouring the jurisdictional Commissioner where the petitioner is assessed to tax, is furnished,

W.P.18701-703/13 3 which the learned Counsel for the petitioner does not oppose, nothing further survives for consideration in these petitions and are, accordingly disposed of.

It is needless to state that if the petitioner were to furnish unconditional Bank Guarantee favouring the concerned officer i.e. Commissioner of Incomet-tax, Mumbai, at 10.30 a.m., the authority is directed to pass the order by 10.45 am and release the goods by 12 Noon tomorrow i.e. 26.04.2013.

Let a copy of this order be made available to the learned counsel for the respondent-revenue.

Sd/-

JUDGE

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