Harshhvardhan Chhajed v. DGIT ( Raj )( HC ) www.itatonline .org

S. 132 : Search and seizure – Seizure of stock in trade – Seizure was held to be illegal – Directed to release the stock in trade and also directed to pay interest of Rs 1 lakh to the petitioner [ S. 132 (4), 132B, Art , 226 ]

The petitioner no 3 was travelling from   Mumbai to Jaipur  he was carrying  Jewellery and diamond  . The Jewellery was sent to Jaipur as stock in trade in the course of business. The Income tax Authorities seized the Jewellery   .  The statement was recorded u/s 132 (4) of the Act  the petitioner stated that it was stock in trade, challans and approval memo was also submitted to the Authorities  . In spite of  producing various documents , the stock in trade was not released . The petitioners  filed writ before the High Court . High Court held that the seizure was illegal  and directed to release the stock in trade . High Court also directed revenue to pay interest of Rs 1 lakh to the petitioners.  

 

 

CA No. 6097/ 2020 dt 7-8 2021