The outbreak of the deadly virus COVID-19 led to the restricted functioning of the court, the High Court of Calcutta has recently requested the Income Tax Authority to refrain from distributing the seized jewellery to the petitioner. The jewellery was seized four decades ago.
The council did not appear because of the resolution passed by the Bar Council of India prohibiting the advocates from participating in the court proceedings.
The petitioner filed the writ of mandamus in which he made a prayer to the High Court of Calcutta to prevent the distribution of seized jewellery. Prior to the appeal, the petitioner served the notice to the Income Tax Authorities so as to prevent the authority to distribute the seized goods and filed the affidavit of the service of notice.
The single-judge bench of High Court of Calcutta comprising of Justice Shekhar B Saraf while keeping in mind the extraordinary calamity, which is combated by the world at large and to meet the principle of equity and ends of justice the Income Tax Authority was requested to refrain from the distribution of jewellery, which has been lying with the authorities for the four decades, for the limited period of time.
The court keeping in mind the present situation of pandemic issued the writ of mandamus and abstain the authority from distribution of seized jewellery, despite the non-appearance of the counsel.
The court further ordered that this matter will be taken by the court on the priority basis at the later date i.e on March 25, 2020, under the heading “Motion”. The petitioner was directed to serve the copy of the order to the Income Tax Authority within 24 hours.Subscribe Taxscan AdFree to view the Judgment