‘Doc referring to to cash seizure ready by officer changed into fabricated’

The Telangana High Court docket building in Hyderabad.
  | Photo Credit score:
Nagara Gopal

‘Doc referring to to cash seizure ready by officer changed into fabricated’

Observing that seizure of ₹5 crore by Hyderabad Income Tax officials nearly 18 months in the past from a non-public company worker changed into unlawful, the Telangana High Court docket directed them to refund the cash within four weeks.

The picture changed into passed by a bench of Justices M.S. Ramachandra Rao and T. Amarnath Goud in two writ petitions, one filed by M/s Mectec and the other by its worker Vipul Kumar Patel.

The bench also directed the Director of Income Tax (Investigation) – Hyderabad and the Deputy Director of IT Unit-I (3) to pay an ardour of 12% per year to the company from the date of seizure of the cash unless date of refund of the cash.

In an picture passed a fortnight in the past, the bench strongly deprecated the conduct of the IT Deputy Director noting that the doc referring to to cash seizure ready by the officer changed into fabricated.

“Why the 2d respondent – IT Deputy Director-Hyderabad – could well perchance also soundless resort to fabricating this panchanama (Hiss R-8) is clear i.e., to develop out a case for seizure and retention of cash illegally by giving a coloration of approved validity,” the bench mentioned.

The bench also remarked, “this doc, in our notion, is clearly a fabricated doc of a search of an unknown/undisclosed location. We disbelieve that one of these search changed into in actual fact performed in any appreciate by the officer and her crew to construct the cash.”

The petitioners contended that Hyderabad Police Commissioner’s Task Force Inspector (West) intercepted Vipul Kumar Patel’s car in Hyderabad on August 23, 2019 and seized ₹5 crore which changed into in his possession.

The TF Inspector later wrote a letter to IT officials in Hyderabad informing about the seizure of the cash. The IT Deputy Director and her crew visited the TF location of enterprise in Secunderabad and recorded sworn statements of Patel below Half 131 (A) of IT Act-1961. Since he could well perchance also now not show veil source of the cash in his possession, a warrant below Half 132 of the IT Act changed into issued.

“Curiously, in the counter affidavits filed by IT officials, they devise out now not give the date on which they took possession of the cash and the way in which they obtained possession of it,” the bench remarked.

Whereas the TF Inspector, in his counter affidavit, mentioned that he had handed over Mr. Patel to IT officials on August 27, 2019.

The panchanama ready by the IT officials about the seizure of the cash left the placement of search smooth.

“How there’ll even be a warrant issued below allotment 132 by the Valuable Director of Income Tax Hyderabad to IT Deputy Director without declaring the placement to be searched…”, the bench mentioned.