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2003 (1) TMI 86 - HC - Income TaxThis writ petition has been filed for a writ of certiorari for an appropriate direction declaring as illegal the search and seizure operation and for a mandamus restraining the respondents from proceeding in any manner in pursuance of the said search and seizure and to release the cash of Rs. 6,33,300 and other documents, money and jewellery seized by the Department. - we are of the opinion that in view of the above decisions the action under section 132 was clearly illegal and it could not be said that the Commissioner of Income-tax had reason to believe that the petitioner was concealing his income. As regards the jewellery seized, according to the Central Board of Direct Taxes guidelines the three units residing in the premises could retain 2,500 gms. of net gold jewellery but the total jewellery found was less than 1,000 gms. - The petitioner admittedly has a huge practice in his dental profession and huge income as disclosed in paragraph 2 of the writ petition. In our opinion the cash and articles seized could not be such which could not be due to his income from his profession, and which would not have been disclosed. For the reasons given above, the writ petition is allowed.
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