Full Judgment Text
$~13 to 18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 06.01.2026
+ W.P.(C) 7448/2025 CM APPL. 41160/2025
KOSHALIYA DEVI RASTOGI .....Petitioner
Through: Mr. Sachit Jolly, Sr. Adv. with Mr.
Rashi Khanna, Mr. Devansh Jain, Mr.
Sohum Dua and Mr. Abhyudaya
Bajpyee, Ms. Manvi and Mr. Ghunain
Siddiqui, Advs.
versus
ASSISTANT/ DEPUTY COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE-27, NEW DELHI AND ANR .....Respondents
Through: Mr. Gaurav Gupta, SSC, Mr.
Shivendra Singh and Mr. Yojit
Pareek, JSC and Mr. Surya Jindal,
Adv.
14
+ W.P.(C) 7449/2025 CM APPL. 41156/2025
SONALI RASTOGI .....Petitioner
Through: Mr. Sachit Jolly, Sr. Adv. with Mr.
Rashi Khanna, Mr. Devansh Jain, Mr.
Sohum Dua and Mr. Abhyudaya
Bajpyee, Ms. Manvi and Mr. Ghunain
Siddiqui, Advs.
versus
ASSISTANT/ DEPUTY COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE-27, NEW DELHI AND ANR .....Respondents
Through: Mr. Gaurav Gupta, SSC, Mr.
Shivendra Singh and Mr. Yojit
Pareek, JSC and Mr. Surya Jindal,
Adv.
15
+ W.P.(C) 7450/2025 CM APPL. 41193/2025
MANIT RASTOGI .....Petitioner
Through: Mr. Sachit Jolly, Sr. Adv. with Mr.
Rashi Khanna, Mr. Devansh Jain, Mr.
W.P.(C) 7448/2025 and connected matters Page 1 of 5
Signature Not Verified
Signed By:PRAMOD
KUMAR VATS
Signing Date:09.01.2026
11:40:17
Sohum Dua and Mr. Abhyudaya
Bajpyee, Ms. Manvi and Mr. Ghunain
Siddiqui, Advs.
versus
ASSISTANT DEPUTY COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE-27, NEW DELHI AND ANR .....Respondents
Through: Mr. Gaurav Gupta, SSC, Mr.
Shivendra Singh and Mr. Yojit
Pareek, JSC and Mr. Surya Jindal,
Adv.
16
+ W.P.(C) 7451/2025 CM APPL. 41164/2025
DHIRENDRA VIR RASTOGI .....Petitioner
Through: Mr. Sachit Jolly, Sr. Adv. with Mr.
Rashi Khanna, Mr. Devansh Jain, Mr.
Sohum Dua and Mr. Abhyudaya
Bajpyee, Ms. Manvi and Mr. Ghunain
Siddiqui, Advs.
versus
ASSISTANT/ DEPUTY COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE-27, NEW DELHI AND ANR .....Respondents
Through: Mr. Gaurav Gupta, SSC, Mr.
Shivendra Singh and Mr. Yojit
Pareek, JSC and Mr. Surya Jindal,
Adv.
17
+ W.P.(C) 7452/2025 CM APPL. 41199/2025
ARYAMAN VIR .....Petitioner
Through: Mr. Sachit Jolly, Sr. Adv. with Mr.
Rashi Khanna, Mr. Devansh Jain, Mr.
Sohum Dua and Mr. Abhyudaya
Bajpyee, Ms. Manvi and Mr. Ghunain
Siddiqui, Advs.
versus
ASSISTANT/ DEPUTY COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE-27, NEW DELHI AND ANR .....Respondents
W.P.(C) 7448/2025 and connected matters Page 2 of 5
Signature Not Verified
Signed By:PRAMOD
KUMAR VATS
Signing Date:09.01.2026
11:40:17
Through: Mr. Gaurav Gupta, SSC, Mr.
Shivendra Singh and Mr. Yojit
Pareek, JSC and Mr. Surya Jindal,
Adv.
18
+ W.P.(C) 7473/2025 CM APPL. 41194/2025
ANANYA VIR .....Petitioner
Through: Mr. Sachit Jolly, Sr. Adv. with Mr.
Rashi Khanna, Mr. Devansh Jain, Mr.
Sohum Dua and Mr. Abhyudaya
Bajpyee, Ms. Manvi and Mr. Ghunain
Siddiqui, Advs.
versus
ASSISTANT/ DEPUTY COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE-27, NEW DELHI AND ANR .....Respondents
Through: Mr. Gaurav Gupta, SSC, Mr.
Shivendra Singh and Mr. Yojit
Pareek, JSC and Mr. Surya Jindal,
Adv.
CORAM:
HON'BLE MR. JUSTICE DINESH MEHTA
HON'BLE MR. JUSTICE VINOD KUMAR
DINESH MEHTA, J. (ORAL)
1. By way of present batch of Writ Petitions, the petitioners (who are
family members) have prayed that the movable assets, more particularly the
gold jewellery, bullion, cash/forex and other valuable articles seized during
the course of search conducted at their premises between 17.12.2024 and
20.12.2024 by the respondent-Income Tax Department be directed to be
released, as the Department has not even finalized the proceedings under
Section 158BC of the Income Tax Act, 1961( hereinafter referred to as ‘the
Act of 1961’ ).
2. Mr. Sachit Jolly, learned Senior Counsel for the petitioner argued that
W.P.(C) 7448/2025 and connected matters Page 3 of 5
Signature Not Verified
Signed By:PRAMOD
KUMAR VATS
Signing Date:09.01.2026
11:40:17
the petitioners are assessees and have been furnishing their returns and
paying applicable income tax regularly.
3. It was asserted that during the course of search, the Department
alleged above referred valuables to be out of the undisclosed income and
seized them, though every seized article is explained/explainable.
4. He nevertheless submitted that Ms. Ananya Vir, petitioner in W.P.(C)
No. 7473/2025 is getting married in March, 2026, for which the above
articles are required as the members of the family have emotional
attachment with the jewellery.
5. While praying for release of these articles, he submitted that the
petitioners are prepared to furnish solvent security equal to the value of the
jewellery and cash, though he argued that the demand, (if raised) qua the
above referred seized jewellery, cash and bullion would be much lesser than
their value, which even as per the department valuer is about
Rs.5,95,00,000/- (apart from the cash/forex amounting to about
Rs.40,00,000/-).
6. Learned Counsel for the respondent-Department, on the other hand
objected to the petitioners’ prayer and submitted that the petitioners be
directed to deposit an amount equal to the probable tax liability, as advance
tax/self-assessment tax for Assessment Year 2025-26 so that in case, any
demand is raised, the interest of Revenue remains protected.
7. Though with some reluctance, however on instructions, Mr. Sachit
Jolly, learned Senior counsel for the petitioners agreed to the proposal so
made by Mr. Gaurav Gupta, learned Senior Standing Counsel for the
respondent-Department. He offered that the petitioners namely Sonali
Rastogi and Manit Rastogi would deposit Rs.1,25,00,000/- each within a
W.P.(C) 7448/2025 and connected matters Page 4 of 5
Signature Not Verified
Signed By:PRAMOD
KUMAR VATS
Signing Date:09.01.2026
11:40:17
period of ten days, which may be adjusted against the demand, if raised,
against the petitioners.
8. In view of the above and considering that some of the petitioners are
either senior citizens of more than eighty years of age or children below
thirty years of age, we are persuaded to accede to the proposals so made by
the learned counsel for the petitioners.
9. The petition is, therefore, allowed by directing as under :
(i). The petitioner namely Manit Rastogi (in W.P.(C) 7450/2025) and Sonal
Rastogi in (W.P.(C) 7449/2025) shall deposit Rs.1,25,00,000/- each as self-
assessment tax/advance tax on or before 15.01.2026.
(ii). Upon aforesaid amount being deposited and a copy of the challan
produced before the respondent No.1 (Assistant/Deputy Commissioner),
entire jewellery, bullion and cash/forex seized (approximately 6.862 Kg gold
jewellery & bullion and Rs.40,00,000/- as cash/forex) shall be released
within a period of seven days.
10. All the Writ Petitions along with pending applications, stand disposed
of, accordingly.
11. Needless to observe that this Court has not recorded any finding or
made observation in relation to the merit of the contention of the assessees
that the jewellery, bullion and cash/forex are duly explained. The petitioners
so also respondent-Department shall be free to take their respective pleas, at
appropriate stage.
DINESH MEHTA, J
VINOD KUMAR, J
JANUARY 6, 2026/ ss
W.P.(C) 7448/2025 and connected matters Page 5 of 5
Signature Not Verified
Signed By:PRAMOD
KUMAR VATS
Signing Date:09.01.2026
11:40:17