CHANDULAL JETHALAL JAISWAL Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) This application is filed with the following main prayers:-

(2.) Learned Advocate for the applicant submits that subject matter of this application is the 1318 grams of gold ornaments which were seized during the income tax proceedings against the applicant and subsequent to the procedure under the Income Tax Act, 1961 (hereinafter referred to in short as 'the Act') the liability of the applicant has already crystallized. According to the learned Advocate for the applicant, gold ornaments of 1318 grams are required to be returned. It is also submitted that in the criminal complaint, the applicant has been discharged and even the adjudication of the income tax procedure has concluded and therefore, he is entitled to receive the muddamal articles, i.e. the gold ornaments of 1318 grams.

(3.) Learned Advocate for the Department submits that after adjudication of the procedure under the provisions of the procedure under the provisions of the Act, the Department launched criminal prosecution against the applicant under Sections 276(1) and 277 of the Act. Learned Advocate for the Department submits that the prosecution launched under Sections 276 and 277 of the Act are for the purpose of condonation. He took this Court to the relevant provisions of the Act and submitted that in view of the nature of complaint filed under the Act, and the prosecution being launched, the ornaments cannot be treated as 'muddamal' articles.