Principal Commissioner Of Income Tax 1 … vs Amit Sharma on 10 March, 2026

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    Supreme Court – Daily Orders

    Principal Commissioner Of Income Tax 1 … vs Amit Sharma on 10 March, 2026

                                           IN THE SUPREME COURT OF INDIA
                                            CIVIL APPELLATE JURISDICTION
    
                                      CIVIL APPEAL NO.____________/2026
                             [@ SPECIAL LEAVE PETITION (CIVIL) No.________/2026]
                                         [@ Diary No(s). 68186/2025]
    
    
                    PRINCIPAL COMMISSIONER OF INCOME
                    TAX 1 INDORE & ORS.                                     Appellant(s)
    
                                                      VERSUS
    
                    AMIT SHARMA                                             Respondent(s)
    
    
                                                       WITH
    
                                      CIVIL APPEAL NO.____________/2026
                             [@ SPECIAL LEAVE PETITION (CIVIL) No.________/2026]
                                           @ Diary No(s). 1022/2026
    
                                                     WITH
                                      CIVIL APPEAL NO.____________/2026
                             [@ SPECIAL LEAVE PETITION (CIVIL) No.________/2026]
                                           @ Diary No(s). 1546/2026
    
    
                                                     O R D E R
    

    1. Delay condoned.

    2. Leave granted.

    SPONSORED

    3. These three appeals arise from three writ petitions

    filed before the Madhya Pradesh High Court1 at Indore by

    three separate petitioners. Writ Petition No.15169 of 2024

    was filed by Sequel Logistics Private Limited; Writ

    Petition No.6850 of 2024 was filed by Amit Sharma and Writ
    Signature Not Verified

    Digitally signed by
    KAVITA PAHUJA

    1 1 The High Court
    Date: 2026.03.18
    16:53:03 IST
    Reason:

    1
    Petition No.6810 of 2024 was filed by Arihant Jewelers.

    4. By the impugned order dated 18.08.2025, all three writ

    petitions were allowed by the High Court with a direction

    to the Deputy Commissioner of Income Tax, Central – 2

    (Centralized) to release the seized articles (i.e., jewelry

    consignments). Additionally, Rs.50,000/- was imposed by way

    of cost to be payable to each of the three petitioners.

    5. In brief, the facts are as follows: While the Model

    Code of Conduct was in force during Madhya Pradesh State

    Assembly Elections, the Static Surveillance Team (SST),

    Ratlam intercepted a Bolero Vehicle operated by Sequel

    Logistics Pvt. Ltd. and made a seizure of 37 sealed tamper

    proof jewelry consignments valued at Rs.6 crore which were

    in transit to various clients of Sequel Logistics under

    custody of its employee Amit Sharma i.e., the writ

    petitioner in Writ Petition No.6850 of 2024. Amit Sharma

    from whom the seizure was made disclosed to SST that those

    consignments were to different jeweler-clients of Sequel

    Logistics. Amit Sharma produced all the relevant documents

    regarding the consigned articles and from those documents

    it could be ascertained that those consignments were in

    transit to different consignees through courier Sequel

    Logistics. One of the consignments was booked by Arihant

    2
    Jewelers, namely, the writ petitioner in Writ Petition

    No.6810 of 2024.

    6. It is not in dispute that governing seizure and

    release of seized articles by SST/ concerned authority

    during operation of the Model Code of Conduct, there is a

    Standard Operating Procedure (SOP) set out. However,

    instead of following the SOP, the seizure was reported to

    the Revenue (i.e., the Income Tax Department). On receipt

    of report about the seizure, Revenue issued summons to Amit

    Sharma under Section 131 of the Income Tax Act, 1961 (for

    short, ‘the Act’) and recorded his statement. Thereafter,

    Revenue requisitioned the seized articles under Section

    132A(1)(c) of the Act.

    7. During the inquiry, Amit Sharma made a statement that

    the consigned articles did not belong to him and those were

    of different consignors who had appointed Sequel Logistics

    as a courier for transport to different consignees.

    However, surprisingly, despite documents being there to

    corroborate Amit Sharma’s statement, Revenue proceeded to

    issue notice under Section 148 of the Act to Amit Sharma.

    8. Aggrieved by the action of Revenue, Amit Sharma filed

    Writ Petition No.6850 of 2024 seeking quashing of the

    3
    notice under Sections 132A and 148 of the Act.

    Simultaneously, Sequel Logistic, the courier, separately

    filed Writ Petition No.15169 of 2024 questioning the

    seizure made by SST and requisition by Revenue;

    additionally, it prayed for release of the seized articles.

    Arihant Jewelers, one of the consignors/consignees, in

    between, had moved a representation to the Tax Authorities

    but since that representation was not favorably dealt with,

    it filed a separate Writ Petition No.6810 of 2024 for

    release of those goods to which it had laid its claim.

    9. Upon exchange of the pleadings, the High Court framed

    three issues:

    “Issue No.1. Whether the action of the SST

    is justified in detaining/seizing the

    consignments and handing over to the

    Income Tax Department?

              Issue    No.2.    Whether          the    action    of    the
    
              Income    Tax    Department          is     justified         in
    
    

    initiating the proceedings under Section

    148 against Mr. Amit Sharma upon a prima

    facie belief that the consignment belongs

    to him?

    4

    Issue No.3. Whether Arihant Jewelers is

    entitled to get back the jewelry belonging

    to them?”

    10. On issue No.1, the High Court found that SOP for

    search and seizure, as obtaining while Model Code of

    Conduct was in force, was not followed and it, accordingly,

    held that the action of SST in seizing/ detaining the

    consignments and handing them over to the Income Tax

    Department was not in consonance with law and in gross

    violation of the SOP. Moreover, the documents brought on

    record and the statement made in the pleadings indicated

    that those goods were neither liable to be seized nor

    liable to be detained by SST.

    11. As regards issue No.2, the High Court took the view

    that Amit Sharma was merely an employee of the courier and

    he had not claimed ownership of the consignments,

    therefore, proceedings under Section 148 of the Act

    initiated against him by presuming him to be owner of the

    goods were manifestly arbitrary and as such liable to be

    quashed.

    12. On issue no.3, the High Court found Arihant Jewelers

    entitled to get back the jewelry articles that was claimed

    5
    by it.

    13. Aggrieved by the order passed by the High Court, the

    Revenue has filed these appeals.

    14. The submission on behalf of the Revenue is that even

    assuming that SOP was not followed, once seizure of any

    article valued higher than Rs.10 lakhs is made, it had to

    be reported to the Income Tax Department even under the

    SOP. There is no dispute that such a report was made and

    proceedings under Section 132A(1)(c) of the Act were

    initiated. In such circumstances, the only course available

    to seek release by anyone, who claims ownership of the

    seized articles, is to apply under Section 132B of the Act.

    In such circumstances, the direction of the High Court to

    release the jewelry consignment is not proper. The correct

    course for the High Court was to give liberty to the

    claimant(s)/owner(s) to move application under Section 132B

    of the Act for release of the seized articles.

    15. Per contra, on behalf of the respondents, it has been

    submitted that once SOP was violated, the entire act of

    seizure, followed by reporting to the Revenue, is vitiated.

    Moreover, under the SOP the seized goods were liable to be

    returned to the person from whom they were seized. It is

    6
    also submitted that from the materials placed on record it

    was established that the goods were under transit by

    consignor(s) to the consignee(s) and they were seized from

    a courier. Once documents were produced to satisfy the

    concerned team that goods were not liable to be seized as

    they were not likely to be misused in the elections, there

    was no option but to release those goods to the person from

    whom seizure was made. Therefore, the view taken by the

    High Court does not call for any interference. Moreover,

    the High Court has not restrained the Income Tax Department

    from proceeding under Section 148 of the Act against such

    person(s) who in its opinion may have evaded tax or failed

    to disclose income.

    16. We have accorded due consideration to the rival

    submissions and have perused the materials available on

    record. In our view, as far as the findings of the High

    Court on issue Nos. 1 and 2 are concerned, firstly, there

    is no serious challenge by the Revenue to those findings

    and, secondly, the seizure was made in violation of the SOP

    in force while the Model Code of Conduct was in operation.

    Moreover, in absence of the requisite satisfaction that the

    seized cash or articles were being transported by, or in

    possession of, a person belonging to any candidate in fray

    7
    in the election and brought for influencing the voters,

    there was no occasion to seize. Therefore, when requisite

    papers were shown, SST, or the District Grievance

    Committee, ought to have released the goods and not allow

    them to be requisitioned by the Tax Authorities,

    particularly, when there was no reason to believe that

    those assets represent, either wholly or partly, income

    which has not been disclosed. Besides, going after Amit

    Sharma, an employee of a courier company, is inexplicable

    more so when documents of consignors and consignees were

    placed on record. In such circumstances, the findings

    returned on Issue Nos.1 and 2 call for no interference.

    17. Once the findings returned on Issue Nos. 1 and 2 are

    sustained, the question which would arise for our

    consideration is whether the seized articles had to be

    dealt with in terms of the SOP or it had to be dealt with

    by addressing the claim made by its so-called owner. In

    this regard, the submission on behalf of the Revenue is

    that as far as the claim regarding ownership is concerned,

    that had to be decided in terms of the provisions of

    Section 132B of the Act. More so, when there were 37 seized

    consignments and claim was set up by Arihant Jewelers in

    respect of one consignment only. Thus, it was not a fit

    8
    case where the consignment should have been released in

    favour of Arihant Jewelers by addressing its claim of

    ownership. Accordingly, on behalf of Revenue, it is

    submitted that Writ Petition No.6810 of 2024 filed by

    Arihant Jewelers was liable to be dismissed.

    18. On behalf of Arihant Jewelers, it has been submitted

    that though there might be some discrepancy in the number

    of consignments claimed and the number of consignments

    seized i.e., that were to be delivered to Arihant Jewelers,

    the fact remains that there is no dispute raised by the

    courier i.e., Sequel Logistics regarding ownership of

    Arihant Jewelers in respect of those consignments.

    Moreover, the person from whom seizure was made had not

    disputed the ownership and entitlement of Arihant Jewelers.

    In such circumstances, release in favour of Arihant

    Jewelers is not liable to be interfered with.

    19. We have considered the submissions qua release of

    seized articles in favour of Arihant Jewelers. What

    transpires from the record is that the seizure was made

    from Amit Sharma, who was an employee of Sequel Logistics

    i.e., the courier company. Admittedly, the articles were

    being transported from the consignor(s) located at Indore

    to the consignee(s) at Ratlam, and the seizure was made

    9
    under the Model Code of Conduct. As there is no dispute

    that under the SOP, which was in place during operation of

    the Model Code of Conduct, the seized articles were to be

    released, upon production of requisite documents, in favour

    of the person from whom they were seized, in our view,

    there was no occasion for the High Court to decide on the

    claim of ownership made by a third party. Further, while

    deciding Issue Nos. 1 and 2, the High Court had recorded

    its satisfaction that Amit Sharma was just an employee of

    Sequel Logistics and that he was just a custodian of the

    goods transported by its Master i.e., Sequel Logistics. The

    documents also indicated that Sequel Logistics was the

    courier carrying goods from the consignor(s) to the

    consignee(s). In such circumstances, as per the SOP the

    seized articles ought to have been returned to the courier

    company i.e., Sequel Logistics from whose agent they were

    seized particularly when Amit Sharma made an unrebutted

    claim that he was just an employee. In fact, Sequel

    Logistics had also prayed for their release in its favour.

    Therefore, in our view, the operative portion of the

    impugned order requires modification to the extent

    indicated below. In place of the direction of the High

    Court that all three writ petitions shall stand allowed,

    only Writ Petition Nos.15169 of 2024 and 6850 of 2024 filed

    10
    by Sequel Logistics Private Limited and Amit Sharma,

    respectively, would stand allowed and Writ Petition No.6810

    of 2024 filed by Arihant Jewelers shall stand dismissed as

    not maintainable. This we say so because under the SOP

    those seized articles were liable to be returned to only

    that person from whom they were seized. Besides, Arihant

    Jewelers claim of ownership ought not to have been

    addressed as the appropriate forum to raise such a claim

    was before the appropriate tax authority under Section 132B

    of the Act. Therefore, in our view, the High Court should

    not have dealt with the ownership issue in writ

    proceedings. Accordingly, the appeals are partly allowed.

    The order passed by the High Court shall stand modified to

    the extent indicated above. The articles so seized shall be

    released in favour of Sequel Logistics Pvt. Ltd. within

    three weeks from today. In addition to above, the cost of

    Rs.50,000 awarded by the High Court as against the

    appellant(s) is set aside. It is clarified that we have not

    expressed our opinion on the ultimate ownership of the

    seized article(s), therefore, the consignor(s)/

    consignee(s) of those articles are at liberty to raise

    their respective claim(s) before appropriate forum in an

    appropriate proceeding against appropriate person(s).

    11

    20. Pending application(s), if any, shall stand disposed

    of.

    …………………………………………………J
    [MANOJ MISRA]

    …………………………………………………J
    [MANMOHAN]
    New Delhi
    March 10, 2026

    12
    ITEM NOS.5; 5.1; 5.2 COURT NO.13 SECTION IV-C

    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS

    SPECIAL LEAVE PETITION (CIVIL) DIARY NO(S). 68186/2025

    [Arising out of impugned final judgment and order dated
    18-08-2025 in WP No. 6850/2024 passed by the High Court of
    Madhya Pradesh at Indore]

    PRINCIPAL COMMISSIONER OF
    INCOME TAX 1 INDORE & ORS. Petitioner(s)

    VERSUS

    AMIT SHARMA Respondent(s)

    IA No. 329863/2025 – CONDONATION OF DELAY IN FILING

    WITH
    Diary No(s). 1022/2026 (IV-C)
    IA No. 20403/2026 – CONDONATION OF DELAY IN FILING

    Diary No(s). 1546/2026 (IV-C)
    IA No. 35239/2026 – CONDONATION OF DELAY IN FILING

    Date : 10-03-2026 These matters were called on for hearing
    today.

    CORAM :

    HON’BLE MR. JUSTICE MANOJ MISRA
    HON’BLE MR. JUSTICE MANMOHAN

    For Petitioner(s) :Mr. N Venkataraman, A.S.G.
    Mr. Sudarshan Lamba, AOR
    Mr. Harsh Parashar, Adv.
    Mr. Venkataraman Chandrashekhara Bharathi, Adv.
    Mrs. Priyanka Das, Adv.

    Mr. Aman Jha, Adv.

    Ms. Sangeeta Singh, Adv.

    13

    For Respondent(s) :Mr. Balbir Singh, Sr. Adv.

    Mr. Jay Kansara, Adv.

    Mr. Aman Raj Gandhi, AOR
    Ms. Saloni Kumar, Adv.

    Mr. Chaitanya Sharma, Adv.
    Ms. Disha Jham, Adv.

    UPON hearing the counsels, the Court made the following
    O R D E R

    1. Delay condoned.

    2. Leave granted.

    3. The appeals are partly allowed in terms of the signed

    order which is placed on the file.

    4. Pending application(s), if any, shall stand disposed

    of.

      (KAVITA PAHUJA)                            (SAPNA BANSAL)
    ASTT. REGISTRAR-cum-PS                     COURT MASTER (NSH)
    
    
    
    
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