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2024 (3) TMI 1308 - BOMBAY HIGH COURTReopening of assessment without releasing seized documents by Crime branch - as argued Crime branch has seized certain documents, computers, hard disks, etc. from the petitioner and until all this is released, the petitioner would not be in a position to effectively respond to the notices of reassessment - HELD THAT:- There is a vague and omnibus statement in the petition that the petitioner pursued the matter with the second respondent for release in terms of the JMFC's order, however, this vague and omnibus statement is not backed by any material, documents, etc. There is no averment in the petition about furnish of any indemnity bond. Orally it was attempted to submit that the indemnity bond must have been given at some time after the JMFC made her order dated 06.02.2018. Thus, it is apparent to us that the petitioner, even after securing the order dated has not pursued the matter for the last about six years with the necessary seriousness and just because the tax authorities are proceeding with the reassessment proceedings, this petition has been instituted. This petition is nothing but an attempt to stall the reassessment proceedings without any justifiable cause. On the ground that the seized documents have not been released the petitioner succeeded in securing a remand from the lTAT. This is evident from the order dated 30.08.2022 made by the ITAT. ITAT, after granting an opportunity to the petitioner remanded the reassessment proceedings or the block assessment proceedings to the ITO for de novo assessment. The petitioner was also directed to comply with the notices in respect of the assessment proceeding and be diligent by avoiding to take any adjournments. This order was made on 30.08.2022. Despite the order of there is nothing on record to indicate that the petitioner took any serious steps for obtaining the documents/material/hard disks from the second respondent. The only letter produced on record is dated when, in fact, even the IT notice was issued on 25.01.2024. Thus, it is very apparent that the petitioner simply wants to stall the reassessment proceedings or the de novo proceedings at any cost. The writ Court cannot assist the petitioner in such endeavours.
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