M.N. Navale (Bigger HUF) v. Somnath M. Wajale, Dy.CIT [2015] 57 taxmann.com 5 (Bom)( HC)

S. 132 : Search and seizure – Seizure of Jewellery – Release of seized assets -Bank guarantee – Matter pending for final adjudication- Belong to HUF or Karta – Directed to release the jewellery on furnishing of Bank Guarantee . [ Art . 226 ]

In course of search revenue seized jewellery from a premises a larger HUF, a smaller HUF and Karta was present at said premises .  Matter  is pending for final adjudication to decide whether  belong to HUF or Karta . On writ the Court held that  as the  issue of ownership of seized jewellery was a matter which was pending for final adjudication, release of seized jewellery on furnishing of a bank guarantee provided by Karta would not be prejudicial to interest of revenue .  (AY. 1999-2000 to 2009 -10 )

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