BANASWADI CHINNAPPA ANITHA vs DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(2) BENGALURU
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:61322
WP No. 26501 of 2025
C/W WP No. 26510 of 2025
WP No. 26561 of 2025
AND 3 OTHERS
CNR: KAHC010566102025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 26501 OF 2025 (T-IT)
C/W
WRIT PETITION NO. 26510 OF 2025 (T-IT)
WRIT PETITION NO. 26561 OF 2025 (T-RES)
WRIT PETITION NO. 26603 OF 2025 (T-IT)
WRIT PETITION NO. 26620 OF 2025 (T-IT)
WRIT PETITION NO. 26780 OF 2025 (T-IT)
IN WP No. 26501/2025
BETWEEN:
1. NARAYAN VEDAVATHI
L/H OF LATE SHRI. VENKATASWAMY KODANDA
AGED ABOUT 55 YEARS
NO. 696, CKB HOUSE,
NEAR AXIS BANK,
MARATHAHALLI MAIN ROAD,
BENGALURU- 560037.
…PETITIONER
Digitally
signed by
VANAMALA
N
Location:
HIGH
COURT OF
KARNATAKA
(BY SRI. SHIVAKUMAR T M., ADVOCATE)
AND:
1. THE DY. COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE 3(2) BENGALURU
CENTRAL REVENUE BUILDING,
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QUEEN'S ROAD,
BENGALURU-560001.
2. ADDL. COMMISSIONER OF
INCOME TAX, CENTRAL RANGE 3
BENGALURU
CENTRAL REVENUE BUILDING,
QUEEN'S ROAD, BENGALURU -560001.
3. PRINCIPAL COMMISSIONER OF INCOME TAX,
CENTRAL BENGALURU
CENTRAL REVENUE BUILDING,
QUEEN'S ROAD
BENGALURU -560001.
4. CENTRAL BOARD OF DIRECT TAXES
DEPT OF REVENUE,
MINISTRY OF FINANCE, GOVT OF INDIA
NORTH BLOCK
NEW DELHI-110001
THROUGH ITS CHAIRMAN.
…RESPONDENTS
(BY SRI.Y.V. RAVIRAJ., ADVOCATE A/W
SRI. M. DILIP., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO I. DIRECTING
RESPONDENT NO.1 TO FORTHWITH RELEASE THE
ENTIRE GOLD, DIAMOND AND SILVER JEWELLERY
SEIZED DURING THE SEARCH U/S 132 OF THE ACT
CONDUCTED ON 23-25 JUNE 2022 IN THE CASE OF
LATE SHRI V. KODANDA VIDE INVENTORY OF
JEWELLERY FOUND AND SEIZED BEARING NO. D/VKR
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DATED 23.06.2022. VIDE ANNEXURE -A TO THE WRIT
PETITION; II. QUASHING OF CBDT INSTRUCTION
F.NO.299/06/2023 DATED 16.10.2023, INSOFAR AS IT
(i) MANDATES ADJUSTMENT OF EVEN DULY
EXPLAINED JEWELLERY TOWARDS LIABILITIES
MENTIONED IN PARA 2(ii), AND (ii) RESTRICTS RELEASE
OF JEWELLERY ON SENTIMENTAL GROUNDS ONLY
UPON FURNISHING CASH OR BANK GUARANTEE,
IGNORING OTHER ADEQUATE SECURITIES SUCH AS
ATTACHMENT OF IMMOVABLE PROPERTY VIDE
ANNEXURE-B TO THE WRIT PETIION; III. AND/OR, IN
THE ALTERNATIVE, DIRECT THE RESPONDENTS NOT
TO APPLY THE CBDT INSTRUCTION F.NO.299/06/2023
DATED 16.10.2023 IN THE CASE OF THE PETITIONER;
IV. QUASHING THE IMPUGNED ASSESSMENT ORDER
DATED 30.03.2025 FOR AY 2023-24 BEARING DIN NO.
ITBA/AST/M/147/2024-25/1075293718(1) PASSED BY
THE RESPONDENT NO.1 IN THE NAME OF BANASWADI
CHINNAPPA ANITHA L/H OF LATE SHRI
VENKATASWAMY KODANDA VIDE ANNEXURE C TO THE
WRIT PETITION; V. QUASHING THE IMPUGNED
CORRIGENDUM DATED 31.03.2025 PASSED BY THE
RESPONDENT NO.1 IN THE NAME OF THE SMT
NARAYAN VEDAVATHI L/H OF SHRI VENKATASWAMY
KODANDA BEARING DIN NO.
ITBA/COM/M/M/17/2024-25/1075361113(1)
CORRECTING THE ASSESSMENT ORDER DATED
30.03.2025 PASSED BY HIM VIDE ORDER BEARING DIN
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NO. ITBA/AST/M/14(3)/2024-25/1075293718(1) VIDE
ANNEXURE-D & C.
IN WP NO. 26510/2025
BETWEEN:
BANASWADI CHINNAPPA ANITHA
W/O LATE SHRI N VENKATESH REDDY
AGED ABOUT 43 YEARS,
CHANNAKESHAVA NILAYA,
NEAR AXIS BANK, MARATHALLI,
BENGALURU - 560037.
...PETITIONER
(BY SRI. SHIVAKUMAR T M., ADVOCATE)
AND:
1. DEPUTY COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE 3(2) BENGALURU
CENTRAL REVENUE BUILDING,
QUEENS ROAD, BENGALURU - 560001.
2. ADDITIONAL COMMISSIONER OF INCOME TAX,
CENTRAL RANGE 3 BENGALURU
CENTRAL REVENUE BUILDING,
QUEENS ROAD BENGALURU - 560001.
3. PRINCIPAL COMMISSIONER OF
INCOME TAX, CENTRAL BENGALURU
CENTRAL REVENUE BUILDING,
QUEENS ROAD, BENGALURU - 560001.
4. CENTRAL BOARD OF DIRECT TAXES
DEPT OF REVENUE, MINISTRY OF FINANCE,
GOVT OF INDIA NORTH BLOCK
NEW DELHI - 110 001
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THROUGH ITS CHAIRMAN.
5. VENKATA SWAMYREDDY LAKSHMAMMA
(PROFORMA RESPONDENT)
W/O LATE SHRI R NARYANA REDDY,
CHANNAKESHAVA NILAYA, NEAR AXIS BANK,
MARATHAHALLI MAIN ROAD,
BENGALURU - 560037.
...RESPONDENTS
(BY SRI.Y.V. RAVIRAJ., ADVOCATE A/W
SRI. M. DILIP., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
1. DIRECTING THE RESPONDENT NO.1 TO RELEASE
THE GOLD JEWELLERY WEIGHING 4,809 GMS AND
SILVER ITEMS WEIGHING 34.70 KG SEIZED FROM THE
RESIDENCE OF THE PETITIONER DURING SEARCH
CONDUCTED IN THE CASE OF HER MOTHER-IN-LAW
SMT. LAKSHMAMMA U/S 132 OF THE INCOME TAX ACT
ON 23-25 JUNE 2022 ANNEXURE-A; 2. QUASHING
CBDT INSTRUCTION BEARING F.NO.299/06/2023
DATED 16.10.2023 ANNEXURE-F ISSUED BY THE
RESPONDENT NO.4 INSOFAR AS IT (1) MANDATES
ADJUSTMENT OF EVEN DULY EXPLAINED JEWELLERY
TOWARDS LIABILITIES MENTIONED IN PARA 2(II) OF
THE SALD INSTRUCTION AND RESTRICTS RELEASE OF
JEWELLERY ONLY UPON FURNISHING CASH OR BANK
GUARANTEE, IGNORING OTHER ADEQUATE
SECURITIES SUCH AS ATTACHMENT OF IMMOVABLE
PROPERTY; 3. DIRECTING THE RESPONDENTS NOT TO
APPLY THE SAID CBDT INSTRUCTION BEARING
F.NO.299/06/2023 DATED 16.10.2023 ANNEXURE -F IN
THE CASE OF THE PETITIONER.
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IN WP NO. 26561/2025
BETWEEN:
NARAYAN VEDAVATHI
AGED ABOUT 55 YEARS
W/O LATE SHRI VENKATASWAMY KODANDA
ADDRESS NO. 696, CKB HOUSE,
NEAR AXIS BANK,
MARATHAHALLI MAIN ROAD,
BENGALURU- 560037
...PETITIONER
(BY SRI. SHIVAKUMAR T M., ADVOCATE)
AND:
1. THE DY. COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE 3(2) BENGALURU
CENTRAL REVENUE BUILDING,
QUEEN'S ROAD, BENGALURUR-560001.
2. ADDL. COMMISSIONER OF INCOME TAX,
CENTRAL RANGE 3 BENGALURU
CENTRAL REVENUE BUILDING,
QUEEN'S ROAD, BENGALURUR-560001.
3. PRINCIPAL COMMISSIONER OF
INCOME TAX,
CENTRAL BENGALURU
CENTRAL REVENUE BUILDING,
QUEEN'S ROAD, BENGALURUR-560001.
4. CENTRAL BOARD OF DIRECT TAXES
DEPT OF REVENUE,
MINISTRY OF FINANCE, GOVT OF INDIA
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NORTH BLOCK NEW DELHI-110001
THROUGH ITS CHAIRMAN.
5. SMT N VEDAVATHI
L/H OF LATE SHRI V KODANDA
(PROFORMA RESPONDENT)
ADDRESS NO. 696, CKB HOUSE,
NEAR AXIS BANK,
MARATHAHALLI MAIN ROAD,
BENGALURU 560037.
...RESPONDENTS
(BY SRI.Y.V. RAVIRAJ., ADVOCATE A/W
SRI. M. DILIP., ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO 1. DIRECTING
THE RESPONDENT NO.1 TO RELEASE THE GOLD AND
DIAMOND JEWELLERY WEIGHING 3,239.09 GMS
(GROSS) OF GOLD AND 46.72 CARAT OF DIAMOND AND
18.382 KGS OF SILVER ARTICLES/ JEWELLERY
DIAMOND BELONGING TO THE PETITIONER SEIZED
FROM THE RESIDENCE OF THE PETITIONER DURING
SEARCH CONDUCTED IN THE CASE OF HER HUSBAND
LATE SHRI V KODANDA U/S 132 OF THE INCOME TAX
ACT ON 23-25 JUNE 2022 VIDE ANNEXURE -A;
2. QUASHING CBDT INSTRUCTION BEARING
F.NO.299/06/2023 DATED 16.10.2023 VIDE
ANNEXURE-C ISSUED BY THE RESPONDENT NO.4 AS
BEING ARBITRARY, UNREASONABLE, AND VIOLATIVE
OF ARTICLE 14 OF THE CONSTITUTION AND/OR
3. DIRECTING THE RESPONDENTS NOT TO ACT UPON
THE SAID CBDT INSTRUCTION BEARING
F.NO.299/06/2023 DATED 16.10.2023 VIDE ANNEXURE
-C IN THE CASE OF THE PETITIONER.
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IN WP NO. 26603/2025
BETWEEN:
SWATHI KODANDA REDDY
AGED ABOUT 37 YEARS
D/O LATE SHRI V KODANDA
ADDRESS NO. 696, CKB HOUSE,
NEAR AXIS BANK,
MARATHAHALLI MAIN ROAD,
BENGALURU- 560037.
...PETITIONER
(BY SRI. SHIVAKUMAR T M., ADVOCATE)
AND:
1. THE DY. COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE 3(2) BENGALURU
CENTRAL REVENUE BUILDING,
QUEEN'S ROAD
BENGALURUR-560001.
2. ADDL. COMMISSIONER OF INCOME TAX,
CENTRAL RANGE 3, BENGALURU
CENTRAL REVENUE BUILDING,
QUEEN'S ROAD
BENGALURUR-560001.
3. PRINCIPAL COMMISSIONER OF INCOME TAX,
CENTRAL BENGALURU
CENTRAL REVENUE BUILDING,
QUEEN'S ROAD, BENGALURUR-560001
4. CENTRAL BOARD OF DIRECT TAXES
DEPT OF REVENUE,
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MINISTRY OF FINANCE,
GOVT OF INDIA NORTH BLOCK
NEW DELHI-110001
THROUGH ITS CHAIRMAN.
5. SMT N VEDAVATHI
L/H OF LATE SHRI V KODANDA
(PROFORMA RESPONDENT)
ADDRESS NO. 696, CKB HOUSE,
NEAR AXIS BANK,
MARATHAHALLI MAIN ROAD,
BENGALURU- 560037.
...RESPONDENTS
(BY SRI.Y.V. RAVIRAJ., ADVOCATE A/W
SRI. M. DILIP., ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO 1. DIRECTING
THE RESPONDENT NO.1 TO RELEASE THE GOLD AND
DIAMOND JEWELLERY WEIGHING 811.56 GMS (GROSS)
OF GOLD AND 38.89 CARAT DIAMOND SEIZED FROM
THE RESIDENCE OF THE PETITIONER DURING SEARCH
CONDUCTED IN THE CASE OF HER FATHER LATE SHRI
V KODANDA U/S 132 OF THE INCOME TAX ACT ON 23-
25 JUNE 2022 AND VIDE ANNEXURE-A; 2. QUASHING
CBDT INSTRUCTION BEARING F.NO.299/06/2023
DATED 16.10.2023 ANNEXURE-D ISSUED BY THE
RESPONDENT NO.4 INSOFAR AS IT (1) MANDATES
ADJUSTMENT OF EVEN DULY EXPLAINED JEWELLERY
TOWARDS LIABILITIES MENTIONED IN PARA 2(IL) OF
THE SAID INSTRUCTION AND RESTRICTS RELEASE OF
JEWELLERY ONLY UPON FURNISHING CASH OR BANK
GUARANTEE, IGNORING OTHER ADEQUATE
SECURITIES SUCH AS ATTACHMENT OF IMMOVABLE
PROPERTY AS BEING ULTRA VIRES SECTION 132B OF
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THE INCOME TAX ACT, 1961, ARBITRARY,
UNREASONABLE AND VIOLATIVE OF ARTICLES 14 AND
300A OF THE CONSTITUTION AND/OR; 3. DIRECTING
THE RESPONDENTS NOT TO APPLY THE SAID CBDT
INSTRUCTION BEARING F.NO.299/06/2023 DATED
16.10.2023 VIDE ANNEXURE-D IN THE CASE OF THE
PETITIONER.
IN WP NO. 26620/2025
BETWEEN:
SURAJ
S/O LATE SHRI VENKATASWAMY KODANDA
AGED ABOUT 35 YEARS
ADDRESS NO. 696,
CKB HOUSE, NEAR AXIS BANK,
MARATHAHALLI MAIN ROAD,
BENGALURU- 560037
...PETITIONER
(BY SRI. SHIVAKUMAR T M., ADVOCATE)
AND:
1. THE DY. COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE 3(2) BENGALURU
CENTRAL REVENUE BUILDING,
QUEEN'S ROAD
BENGALURU-560001.
2. ADDL. COMMISSIONER OF INCOME TAX,
CENTRAL RANGE 3 BENGALURU
CENTRAL REVENUE BUILDING,
QUEEN'S ROAD
BENGALURU-560001.
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3. PRINCIPAL COMMISSIONER OF INCOME TAX,
CENTRAL BENGALURU
CENTRAL REVENUE BUILDING,
QUEEN'S ROAD
BENGALURU-560001.
4. CENTRAL BOARD OF DIRECT TAXES
DEPT OF REVENUE,
MINISTRY OF FINANCE,
GOVT OF INDIA NORTH BLOCK
NEW DELHI-110001
THROUGH IT'S CHAIRMAN.
5. SMT N VEDAVATHI
L/H OF LATE SHRI V KODANDA
(PROFORMA RESPONDENT)
ADDRESS NO. 43, NEAR CANARA BANK,
MARATHAHALLI MAIN ROAD,
BENGALURU- 560037.
...RESPONDENTS
(BY SRI.Y.V. RAVIRAJ., ADVOCATE A/W
SRI. M. DILIP., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 OF THE
CONSTITUTION OF INDIA PRAYING TO 1. DIRECT THE
RESPONDENTS TO RELEASE THE SILVER JEWELLERY/
ARTICLES WEIGHING 29,754 GM VALUED AT
RS.24,19,750 SEIZED FROM THE RESIDENCE OF THE
PETITIONER DURING SEARCH CONDUCTED IN THE
CASE OF HIS FATHER LATE SHRI V KODANDA U/S 132
OF THE INCOME TAX ACT ON 23-25 JUNE 2022 AND;
2. QUASHING INSTRUCTION BEARING
F.NO.299/06/2023 DATED 16.10.2023 ANNEXURE-D
ISSUED BY THE RESPONDENT NO.4 INSOFAR AS IT (I)
MANDATES ADJUSTMENT OF EVEN DULY EXPLAINED
JEWELLERY TOWARDS LIABILITIES MENTIONED IN
PARA 2(II) OF THE SAID INSTRUCTION AND RESTRICTS
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RELEASE OF JEWELLERY ONLY UPON FURNISHING
CASH OR BANK GUARANTEE, IGNORING OTHER
ADEQUATE SECURITLES SUCH AS ATTACHMENT OF
IMMOVABLE PROPERTY AS BEING ULTRA VIRES
SECTION 132B OF THE INCOME TAX ACT, 1961,
ARBITRARY, UNREASONABLE AND VIOLATIVE OF
ARTICLES 14 AND 300A OF THE CONSTITUTION
AND/OR; 3. DIRECTING THE RESPONDENTS NOT TO
APPLY THE SAID CBDT INSTRUCTION BEARING
F.NO.299/06/2023 DATED 16.10.2023 ANNEXURE -D IN
THE CASE OF THE PETITIONER.
IN WP NO. 26780/2025
BETWEEN:
VENKATA SWAMYREDDY LAKSHMAMMA
AGED ABOUT 60 YEARS
W/O LATE SHRI N VENKATESH REDDY
CHANNAKESHAVA NILAYA,
NEAR AXIS BANK, MARATHALLI,
BENGALURU - 560037.
...PETITIONER
(BY SRI. SHIVAKUMAR T M., ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER OF
INCOME TAX, CENTRAL CIRCLE 3(2)
BENGALURU
CENTRAL REVENUE BUILDING
QUEENS ROAD
BENGALURU - 560001.
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2. ADDITIONAL COMMISSIONER
OF INCOME TAX,
CENTRAL RANGE 3 BENGALURU
CENTRAL REVENUE BUILDING,
QUEENS ROAD
BENGALURU - 560001.
3. PRINCIPAL COMMISSIONER OF
INCOME TAX, CENTRAL BENGALURU
CENTRAL REVENUE BUILDING,
QUEENS ROAD, BENGALURU- 560001.
4. CENTRAL BOARD OF DIRECT TAXES
DEPT OF REVENUE,
MINISTRY OF FINANCE,
GOVT OF INDIA NORTH BLOCK
NEW DELHI - 110001
THROUGH ITS CHAIRMAN.
...RESPONDENTS
(BY SRI.Y.V. RAVIRAJ., ADVOCATE A/W
SRI. M. DILIP., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
1. DIRECTING THE RESPONDENT NO.1 TO RELEASE
THE GOLD JEWELLERY WEIGHING 4,809 GMS AND
SILVER ITEMS WEIGHING 34.70 KG SEIZED FROM THE
RESIDENCE OF THE PETITIONER DURING SEARCH
CONDUCTED IN HER CASE U/S 132 OF THE INCOME
TAX ACT ON 23-25 JUNE 2022; 2. QUASHING CBDT
INSTRUCTION BEARING F.NO.299/06/2023 DATED
16.10.2023 VIDE ANNEXURE-F ISSUED BY THE
RESPONDENT NO.4 INSOFAR AS IT (i) MANDATES
ADJUSTMENT OF EVEN DULY EXPLAINED JEWELLERY
TOWARDS LIABILITIES MENTIONED IN PARA 2(ii) OF
THE SAID INSTRUCTION AND RESTRICTS RELEASE OF
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JEWELLERY ONLY UPON FURNISHING CASH OR BANK
GUARANTEE, IGNORING OTHER ADEQUATE
SECURITIES SUCH AS ATTACHMENT OF IMMOVABLE
PROPERTY; 3. DIRECTING THE RESPONDENTS NOT TO
APPLY THE SAID CBDT INSTRUCTION BEARING
F.NO.299/06/2023 DATED 16.10.2023 VIDE
ANNEXURE-F IN THE CASE OF THE PETITIONER.
THESE PETITIONS, COMING ON FOR ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioners have sought for different reliefs
but Sri. T.M. Shivakumar, the learned counsel who
appears on their behalf, is categorical in stating that
these petitions could be disposed of with a direction
to the Principal Commissioner of Income Tax,
Central, Bengaluru [ the third respondent ] to release
the gold, silver, and diamonds seized under a search.
Sri Y. V. Raviraj, a learned Senior Standing Counsel
for the respondents, and Sri. T.M. Shivakumar are
heard in the light of this submission and the
undisputed fact that during the pendency of these
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writ petitions, the petitioners have been admitted to
substantial relief both by the CIT [Appeals] and the
Income Tax Appellate Tribunal [ the Tribunal ] and that
the Assessing Officer has time under the statute to
pass “giving effect to” orders subject to the Revenue's
decision on filing an appeal against the Tribunal’s
order.
2. Sri. Y.V. Raviraj submits that these
petitions could be disposed of observing that the
petitioners will be entitled to return of the gold, silver,
and diamonds seized, subject to a decision by the
Assessing Officer on “giving effect to” subject to
Section 132B of the Income Tax Act, 1961 [for short,
‘ the IT Act ’] and that as an interim arrangement, this
Court could also consider, because both the CIT
[Appeals] and the Tribunal have admitted the
petitioners to certain relief, reserving liberty to the
petitioners to file an application with the third
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respondent with the request for release of the seized
gold, silver, and diamonds based on the relief and
subject to any decision that could be taken on filing
the appeal.
3. In response, Sri. T.M. Shivakumar
submits that the petitions could indeed be disposed
of calling upon the Assessing Officer to give effect to
the orders admitting the petitioners to the relief
granted by the CIT [Appeals] and the Tribunal but
observing that it should be within a definite timeline
and that the petitioners could also be reserved with
liberty to file an application as now suggested with
the third respondent, calling upon the third
respondent to decide on the same within a reasonable
time. The learned counsel submits that he must
emphasize that the petitioners' grievance, and the
reason for requesting orders in these petitions, is the
Revenue's unwillingness to take a decision on the
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seized gold, silver, and diamonds until a decision is
taken on the appeal that could be filed.
4. Sri. T.M. Shivkumar also submits that the
petitioners are categorical in stating that there would
be no liability if the orders of the CIT [Appeals] and
the Tribunal are given effect to. In rejoinder, Sri. Y.V.
Raviraj submits that the Principal Commissioner
could consider every reason if the petitioners choose
to file an application in terms of the liberty that this
Court could reserve.
5. These submissions are considered for the
disposal of the petitions. This Court must observe
that until there is a “giving effect to” order by the
Assessing Officer there cannot be any direction to
release the seized gold, silver, and diamonds
especially with the liberty to enforce the seized
articles under Section 132B of the IT Act. Further, if
the statute allows the Assessing Officer a timeline to
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AND 3 OTHERS
CNR: KAHC010566102025
pass “giving effect to” orders that must be available to
the Assessing Officer. There cannot be a restriction
on this timeline. With these categorical opinions by
this Court, the only question is whether the petitions
could be disposed of reserving liberty to the
petitioners to file an application with the
jurisdictional Principal Commissioner of Income Tax
[ the third respondent ] to seek release of the seized
gold, silver, and diamonds relevant to each of these
petitioners.
6. This Court discerns a willingness to
consider such application if the petitioners choose to
make such application. Therefore, there must be
liberty in this regard to the petitioner, and this Court
must observe that the consideration must be in the
light of the relief that both the CIT [Appeals] and the
Tribunal have granted to the petitioners and the
Revenue’s grievance that could be. This Court also
observes that this would be essential because if the
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C/W WP No. 26510 of 2025
WP No. 26561 of 2025
AND 3 OTHERS
CNR: KAHC010566102025
Revenue’s grievance is only confined to certain relief
and this justifies release of the seized gold, silver, and
diamonds which is not required for enforcement
under Section 132B of the IT Act, there must be a
just decision in this regard at the earliest. Hence, the
following:
ORDER
[A] The petitions stand disposed of reserving
liberty to the petitioners to file applications
with the third respondent requesting for
release of the seized gold, silver, and
diamonds that may not be required for
enforcement in the light of the relief that they
have been admitted to by the CIT [Appeals]
and the Tribunal and to the extent that the
Revenue is not aggrieved.
[B] If the petitioners make such an application,
within a week from the date of receipt of a
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certified copy of this order, the third
respondent shall consider the application in
the light of this Courts' observations and
communicate the same to the petitioners
within two [2] months from the date of receipt
of a certified copy of this order.
[C] The petitioners are also reserved with liberty
to file a certified copy of this order with the
jurisdictional Assessing Officer who has to
decide on the “giving effect to” as is
contemplated in law.
[D] It is needless to observe that with the afore
disposal the petitioner will not be impeded on
any ground urged as none of the grounds is
considered.
Sd/-
(B M SHYAM PRASAD)
JUDGE
SA
Ct:sr