PRAKASH KRISHNA, J. - (1.) THREE brothers namely Sri Vijai Prakash Agrawal, Satya Prakash Agrawal and Jai Prakash Agrawal with a partnership firm M/s. Agrawal Chemical Company and Jewellers have jointly filed the present writ petition claiming a writ of mandamus for direction to the Deputy Commissioner, Income Tax (Central), Circle -II, Kanpur to return/release the cash seized during the search operation dated 17th of October, 2006 to the respective petitioners and also give interest on the said amount as per section 132 B of the Income Tax Act.
(2.) IT has been stated that the petitioner nos. 1, 2 and 3 are residing in property No. 59/44, Birhana Road, Kanpur on the ground floor. The petitioner no.4, a partnership firm wherein the petitioner no.1 and son of the petitioner no.2 are partners, are running a wholesale jewellery business in one room on the first floor of the said property. One Jeevan Kumar Agrawal with which none of the petitioners have any concern is also residing on the ground floor and has a shop on the ground floor of the said building. The Income Tax Department issued a search warrant in the name of Sri Jeewan Kumar Agrawal and Banarasi Misthan Bhandar (P) Limited including the names of the petitioner nos. 1 and 2 namely Vijay Prakash Agrawal and Satya Prakash Agrawal. In pursuance thereof, a search and seizure operation was carried on by the respondents on 17th October, 2006. There was no warrant of authorization either in the name of the petitioner no.3 or 4. However, the search party searched the residential accommodations of all the four petitioners and seized cash belonging to them from their respective rooms. The particulars thereof are as follows: - A. Viajy Prakash Agrawal Rs.17,10,000/ - B. Satya Prakash Agrawal Rs. 50000/ - C. Jai Prakash Agrawal Rs. 2,50000/ - D. M/s. Agrawal Chemical Rs. 4,90000/ - Company and Jewellers Total Rs.25 Lakhs. The proceedings for block assessment for the Assessment Years 2001 -2002 to 2007 -2008 were initiated. The returned income except for the Assessment Year 2007 -2008 has been accepted. The Assessing Authority made certain additions in the returned income of the petitioners by framing separate assessment orders for the Assessment Year 2007 -2008 under section 143(3) of the Income Tax Act. Those orders were challenged successfully separately in four appeals before the Appellate Authority. All the appeals were allowed. In the light of the Appellate Orders, the Assessing Authority revised the assessment orders in the case of all the petitioners by the separate order dated 30th of August, 2011. The amount of taxes which were deposited in pursuance of the assessment orders have been refunded with interest. They are not in dispute in the present writ petitions.
(3.) AFTER completion of all these proceedings, the petitioners applied for realizing/return of the cash amount seized by the department in the search operation. The reminders were given but of no avail. Hence, the present writ petition has been filed for return of the seized cash amounting to Rs.25 Lakhs along with interest in the light of sections 132 B(4) (b) and 244A of the Income Tax Act.;