The present petition is liable to be dismissed on the ground of concealment of facts.
Search and Seizure — Concealment of facts -—– The petitioner challenged the seizure of cash amounting to Rs. 65 lakhs from the residential premises of the Director. The petitioner further challenged the letter dated 24.03.2021 whereby the bank was directed to release the said amount of Rs. 65 lakhs to the petitioner, however, only for payment of Government dues. The counsel for the petitioner submitted that the Panchnama for the said search and seizure at the residential premises of the Director was not supplied. Further, the respondent had no authority to seize cash under the Act. The respondent counsel submitted that petition is liable to be dismissed on the ground of concealment of facts. Panchnama for affecting the seizure of Rs. 65 lakhs was duly served on the said Director and the receipt of the same has been acknowledged. The petitioner by a letter dated 24.03.2021 sought release of the fixed deposit of Rs. 65 lakhs created out of the amount seized in the search of 04.03.2021. The petitioner had undertaken to pay all tax liabilities along with applicable interest and penalty ‘voluntarily’. It was on this deposit that the proceedings against the petitioner were closed under Section 74(5) of the Act. The court observed that the petitioner has not disclosed in the petition the letter dated 24.03.2021 by which it had sought the release of the amount of Rs. 65 lakhs. The petitioner has also set up an apparently false case of the Panchnama not being provided to the petitioner. The above concealment is, therefore, enough to deny any relief to the petitioner. The court further observed that the petitioner availed benefit and deposited 15% of penalty for concluding the proceedings. This was also informed to the petitioner vide impugned letter dated 24.09.2021 of the respondents. The petitioner having availed of the relief, cannot now turn around and challenge the said proceedings.
Held that:- The Hon’ble High Court found no merit in the present petition and dismissed the same with costs quantified at Rs. 25,000/- to be deposited with Delhi High Court Legal Services Committee.
The present petition is liable to be dismissed on the ground of concealment of facts.
Search and Seizure — Concealment of facts -—– The petitioner challenged the seizure of cash amounting to Rs. 65 lakhs from the residential premises of the Director. The petitioner further challenged the letter dated 24.03.2021 whereby the bank was directed to release the said amount of Rs. 65 lakhs to the petitioner, however, only for payment of Government dues. The counsel for the petitioner submitted that the Panchnama for the said search and seizure at the residential premises of the Director was not supplied. Further, the respondent had no authority to seize cash under the Act. The respondent counsel submitted that petition is liable to be dismissed on the ground of concealment of facts. Panchnama for affecting the seizure of Rs. 65 lakhs was duly served on the said Director and the receipt of the same has been acknowledged. The petitioner by a letter dated 24.03.2021 sought release of the fixed deposit of Rs. 65 lakhs created out of the amount seized in the search of 04.03.2021. The petitioner had undertaken to pay all tax liabilities along with applicable interest and penalty ‘voluntarily’. It was on this deposit that the proceedings against the petitioner were closed under Section 74(5) of the Act. The court observed that the petitioner has not disclosed in the petition the letter dated 24.03.2021 by which it had sought the release of the amount of Rs. 65 lakhs. The petitioner has also set up an apparently false case of the Panchnama not being provided to the petitioner. The above concealment is, therefore, enough to deny any relief to the petitioner. The court further observed that the petitioner availed benefit and deposited 15% of penalty for concluding the proceedings. This was also informed to the petitioner vide impugned letter dated 24.09.2021 of the respondents. The petitioner having availed of the relief, cannot now turn around and challenge the said proceedings.
Held that:- The Hon’ble High Court found no merit in the present petition and dismissed the same with costs quantified at Rs. 25,000/- to be deposited with Delhi High Court Legal Services Committee.