Applicability of section 132A — Stolen property — Theft at the premises of the assessee — Criminal Case — Stolen property found by the police — Application to the Trial Court for possession of the stolen property — Objection by the Income-tax Department — Ownership documents submitted by the assessee — Objection of the Tax Department not maintainable.

35. (2025) 345 CTR 433 (MP)

Shravan Kumar Pathak vs. State of MP

A. Y. 2022-23 Date of order 09/05/2024

Ss. 132A of ITA 1961 and 397, 401 & 457 of Cr.PC

Applicability of section 132A — Stolen property — Theft at the premises of the assessee — Criminal Case — Stolen property found by the police — Application to the Trial Court for possession of the stolen property — Objection by the Income-tax Department — Ownership documents submitted by the assessee — Objection of the Tax Department not maintainable.

Assessee is an individual. In the facts of this case, a theft took place at the house of the assessee wherein cash amounting to ₹3 crores and 4 kgs of gold was stolen. A police complaint was filed by the assessee and an FIR was registered by the police. After making investigation, the police arrested the accused and recovered the stolen articles. The Assessee filed an application u/s. 457 of the Criminal Procedure Code before the trial court for handing over the possession of articles seized by the police in his favour.

Against the application moved by the assessee applicant u/s. 457 of the CrPC, the Department filed an obje