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Bombay High Court

HARESH DALALversusTHE CUSTODIAN AND ANR

Decided
Disposal
DISPOSED OFF

Holding

The court held that the Custodian must release Rs.4,57,553 to the Income Tax Department and may break the fixed deposit for that purpose.

Summary

The applicant, Haresh Dalal, filed a miscellaneous application seeking a court order directing the Custodian to pay the Income Tax Department the amount of Rs.4,57,553 as per a recovery notice dated 20 January 2026. The Custodian filed an affidavit in reply, supported by a chartered accountant’s verification that the tax claim for assessment year 2025‑2026 was valid. The court examined the independent assessment and found no impediment to granting the relief sought. Accordingly, the court ordered the Custodian to release the specified sum to the tax department and permitted the premature breaking of the fixed deposit to make the payment. The application was allowed and disposed of.

Issues considered

  • Whether the Custodian should be directed to pay the amount specified in the Income Tax Department’s recovery notice.
  • Whether the Custodian may break the fixed deposit prematurely to effect such payment.

Legislation cited

Subjects

  • Income Tax
  • Recovery Notice
  • Custodian
  • Fixed Deposit
  • Special Court
  • Securities
  • Miscellaneous Application
  • Tax Compliance

Judgment

                                                                      15-SPMA-11-2026.DOC

                                                                                  Santosh

                                     IN THE SPECIAL COURT AT BOMBAY
                       Constituted under the Special Court [Trial of Offences Relating
                                  to Transactions in Securities] Act, 1992

                                     MISC. APPLICATION NO. 11 OF 2026

                      Haresh Dalal                                         ...Applicant
                                       Versus
                      The Custodian And Anr                            …Respondents

                      Ms. Vjaya Rao, a/w Mrs. Sanaea Mohta, i/b Mulla & Mulla
                            and Carigie Blunt and Caroe, for the Applicant.
                      Mr. J. Chandran, through VC, a/w Ms. Shilpa Bhate, through
SANTOSH
SUBHASH                     VC and Ms. Payal Mehta, for the Custodian.
KULKARNI
Digitally signed by
SANTOSH SUBHASH                                     CORAM:     N. J. JAMADAR, J.
KULKARNI
Date: 2026.07.28
11:58:17 +0530                                                 Judge, Special Court
                                                    DATED :    24th JULY, 2026
                      PC:-

                      1.     Heard the learned Counsel for the parties.

                      2.     This is an application seeking direction to the Custodian

                      to pay the Income Tax Department the amounts set out in the

                      recovery notice dated 20th January, 2026 aggregating             to

                      Rs.4,57,553/-, being the amount recoverable up to February,

                      2026, from the attached account of the applicant, Notiied Party.

                      3.     An afidavit-in-reply is iled to the application on behalf of

                      the Custodian.

                      4.     A certiicate of veriication of M/s. Jain Chaudhary & Co.,

                      the Chartered Accountant, is annexed to the afidavit-in-reply.


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                                                  15-SPMA-11-2026.DOC

The Chartered Accountant has certiied that, based on the

documents    and   explanation    placed     before   the   Chartered

Accountant, the claim of income tax department for Assessment

Year 2025 – 2026, as stated in the notice (Exhibit-B), is found in

order.

5.   In view of the aforesaid independent assessment by the

Chartered Accountant empanneled by the Custodian, there does

not appear any impediment in allowing the application. Hence,

the application stands allowed in terms of prayer Clause (a).

6.   The    Custodian   is   directed   to    release   a    sum   of

Rs.4,57,553/- to the Income Tax Department towards the

compliance of recovery notice dated 20th January, 2026.

7.   The Custodian is permitted to break the FD premature for

the purpose of making the said payment.

8.   The application stands disposed.


                                           [N. J. JAMADAR, J.]




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