
Delhi High Court has recently directed the Income Tax Department to return Rs.98 lakh seized by the Central Bureau of Investigation in 2012 from a person named Gautam Thadani.
This case was registered for allegedly giving a bribe to General VK Singh for the purchase of high mobility vehicles for the defence forces.
The High Court division Bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta Sharma said that if no charges have been made against Thadani then the seized amount should be returned.
The petitioner argued that the time period for preparing the assessment under Section 153A of the Act has expired.
The court noted that if the time period for preparing assessment under Section 153A of the Act has expired, and no outstanding demand is being made, then there is no justification for the Income Tax authorities to retain the seized cash.
A request for funds was issued under Section 132A of the Income Tax Act in 2016, several years after the initial seizure.