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| The Tax Publishers2020 TaxPub(DT) 3229 (Ker-HC) INCOME TAX ACT, 1961
Section 68
Where Excise officials seized amount from employee of petitioner and handed over same to police and proceedings were initiated under Code of Criminal Procedure, 1973, considering that said employee was illiterate and he stated that money did not belong to him, to meet the ends of justice, Court passed appropriate orders on interim custody of amount.
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Income from undisclosed sources - Seizure of unexplained cash - Plea that petitioner was carrying certain amount along with his employee (S) while travelling to Coimbatore to purchase a machine -
Petitioner was carrying certain amount along with his employee (S) while travelling to Coimbatore to purchase a machine for manufacturing unit. Since he could not purchase the same, money was sent to another location with his employee. However, Excise officials seized amount and handed over same to police and proceedings were initiated under Code of Criminal Procedure, 1973. Petitioner was seeking directions to respondents, who were Principal Chief CIT and the Director General of Income Tax respectively, to return the amount in their custody which amount originally belonged to the petitioner. Held: Though employee (S) did not respond to summons issued, he filed a statement to the effect that he had no objection in releasing money to petitioner. S is illiterate and a resident of Tamil Nadu. If money did not belong to him, naturally he may not respond to the summons. In circumstances, to meet the ends of justice, it was necessary that Court pass appropriate orders on interim custody of the amount.
REFERRED :
FAVOUR : Directions issued
A.Y. :
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