SHARDADEVI S. JHUNJHUNWALA Vs. INCOME TAX OFFICER WARD

JUDGEMENT

(1.) Rule. Respondents waive service. With the consent of parties, Rule made returnable forthwith and heard finally.

(2.) By this Writ Petition, the Petitioner is challenging the action of the Respondents in withholding jewellery seized at the time of the search, which ought to have been released since the ITAT has set aside the assessment order, and thereafter, there has been no action on the part of the Respondents for eight years. Thus, the Petitioner seeks directions of this Court for release of the said jewellery.

(3.) A search and survey action was conducted in the case of Sudhir Jhunjhunwala (son of the Petitioner) and his associates on 13 th March, 2008. During the search, jewellery pertaining to the Petitioner was seized, which was approximately valued at Rs.40,34,100.00 and weighed approximately 3,209.900 grams.Pursuant to the search, an assessment order under Sec. 143(3) of the Act was passed for A.Y. 2008-09 in the case of the Petitioner by Respondent No. 1, wherein an addition on account of the seized gold was made in the hands of the Petitioner vide Assessment Order dated 30 th December, 2009.