Dia Gold Jewels Private Limited Vs PCIT (Calcutta High Court)
Calcutta High Court held that seizure of jewellery is valid since legitimacy of jewellery not substantiated; discrepancies are found in documentation and weight and there was reasonable belief of potential wrongdoing.
Facts- The petitioner, a Private Limited Company, operates under the Company Law, specializing in the design, craftsmanship and sale of fine gold and studded stone jewellery. In November 2022, the petitioner planned an exhibition in Ranchi in association with one Devika Dhanuka, scheduled for November 14-15, 2022, at Dhanuka House, Saket Nagar, Kanke Road, For this purpose, two employees, were deputed to travel by train from Kolkata to Ranchi on November 13, 2022, carrying 241 pieces of jewellery along with requisite documents, including transfer memos and certificates.
Upon arrival at the Ranchi Railway Station on November 14, 2022, the employees were intercepted by two individuals claiming to be RPF. The jewellery and accompanying documents were confiscated and taken to the RPF office.
It is alleged that the seized jewellery remains in the respondents’ possession without any lawful justification. The petitioner has provided all necessary documents to establish the legitimacy of the jewellery as stock-in-trade for its business operations. Thus, being aggrieved by the act of the respondent authorities, the present petition has been preferred.
