IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 18TH DAY OF JULY, 2019 BEFORE: HON BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50249/2018 (TIT) BETWEEN: SYED ASIF B.M., S/O LATE B.N.MUNAWAR AGED ABOUT 27 YEARS R/A NO.03, RAHIMUNNISA MANZIL MANGAMMAN PALYA MAIN ROAD 1ST CROSS, S.NAZEER SAB LAYOUT BOMMANAHALLI, BANGALORE-560 068 PETITIONER (BY SRI ARAVINDA KAMATH P., ADV. SRI DILRAJ ROHIT SEQUEIRA, ADV.) AND: 1. INCOME TAX OFFICER WARD 4 (3) (4), KORAMANGALA BANGALORE-560 034 2. DEPUTY DIRECTOR OF INCOME TAX (INV) (OSD) KARNATAKA UNIT 2 (3), QUEENS ROAD ANNEXE BANGALORE-560 001 RESPONDENTS (BY SRI K.V.ARAVIND, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO DIRECT TO R-1 TO RELEASE SUM OF RUPEES TWENTY LAKHS ONLY [RS.20,00,000] WHICH WAS SEIZED BY R-2 AS PER ANNEXURE-A TO PETITIONER. THIS PETITION COMING ON FOR ORDERS, THIS DAY, COURT MADE FOLLOWING:- -2- ORDER petitioner has sought for direction to respondent No.1 to release sum of Rs.20,00,000/- [Rupees Twenty Lakhs Only] which was seized by respondent No.2 as per Annexure-A to writ petition. 2. It is submitted that petitioner is individual and income tax assessee. It transpires that on 01.05.2018, cash of Rs.20,00,000/- [Rupees Twenty Lakhs Only] was seized by police pertaining to Mico layout police station while it was being carried by petitioner along with his relative Mr. Zemeer.B.N in his car and same was handed over to Income Tax Authorities by police. 3. petitioner was summoned by Income Tax Authorities and it appears that explanation has been given by petitioner for having carried said sum of Rs.20,00,000/- [Rupees Twenty Lakhs Only]. -3- petitioner has made application/representation dated 14.08.2018 for release of said amount but in vain. Hence, this writ petition. 4. Learned counsel for petitioner placing reliance on Section 132B of Income Tax Act, 1961 ['Act' for short] would submit that it was obligatory on part of respondent No.1 to take decision in matter in terms of First Proviso to Section 132B and to release amount within period of 120 days from date on which last date of requisition under Section 132A was executed. However, no action has been taken by respondents despite several requests made pursuant to representation dated 14.09.2018 at Annexure-D to writ petition. 5. Learned counsel for Revenue would submit that unless returns are filed by petitioner relating to assessment year in question, no request made by petitioner would be considered -4- in view of inconsistent statements made by petitioner inasmuch as carrying said amount of Rs.20,00,000/- [Rupees Twenty Lakhs Only]. 6. Having heard learned counsel for parties and perusing material on record, it is not in dispute that on request made under Section 132A of Act, amount of Rs.20,00,000/- [Rupees Twenty Lakhs Only] has been held up with respondent No.1. 7. In such circumstances, it is incumbent on respondent No.1 to proceed in accordance with proviso to Section 132B of Act but same having not been done, this Court deems it appropriate to direct respondent No.1 to take decision in terms of Section 132B and proviso thereof on representation submitted by petitioner dated 14.09.2018 at Annexure-D in accordance with law in expedite manner preferably within period of four -5- weeks from date of receipt of certified copy of order. With aforesaid observations and directions, writ petition stands disposed of. Sd/- JUDGE NC. Syed Asif B.M v. Income-tax Officer, Ward-4(3)(4), Bangalore / Deputy Director of Income-tax (Inv) (OSD), Bangalore