Koshaliya Devi Rastogi Vs A/DCIT (Delhi High Court)
Delhi High Court Orders Conditional Release of Seized Jewellery and Cash on Advance Tax Deposit
The Delhi High Court disposed of a batch of writ petitions filed by members of the Rastogi family, seeking release of gold jewellery, bullion, cash and forex seized during a search conducted between 17.12.2024 and 20.12.2024. The petitioners contended that the seized assets were fully explained, that they were regular assessees, and that proceedings under Section 158BC had not yet been concluded.
Taking note of the personal and humanitarian circumstances—including senior citizens above 80 years of age and an impending family wedding in March 2026—the Court balanced the interests of the Revenue and the assessees. While the Department sought protection of its interests by insisting on deposit of probable tax liability, the petitioners agreed to make advance/self-assessment tax payments.
Accordingly, the Court directed Sonali Rastogi and Manit Rastogi to deposit ₹1.25 crore each as advance/self-assessment tax by 15.01.2026. Upon such deposit and production of challans, the Department was directed to release the entire seized jewellery (about 6.862 kg of gold), bullion and cash/forex (around ₹40 lakh) within seven days.
The Court clarified that no finding was being recorded on the merits of the taxability or explanation of the seized assets, and both parties were left free to raise their respective contentions in the pending assessment proceedings. The order thus ensures temporary relief and liquidity to the assessees while adequately safeguarding Revenue interests.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
