9911796707
TMI Blog2008 (3) TMI 264X X X X Extracts X X X X X X X X Extracts X X X X ..... ase were as under :- (a) In pursuance of authorisation under Section 132 of the Income Tax Act issued by the Deputy Director of Inspection (Inv.) Unit-I, New Delhi, a search was carried out on 25.8.1987 at room No.2214 at Maurya Sheraton Hotel, Delhi, which was then occupied by the petitioner. During the course of search, cash amount of Rs.4,99,900/- out of the total cash amount of Rs.5,00,000/- came to be seized. A single note of Rs.100/- was not seized as the same was found in damaged condition. (b) It was the allegation of the authority that the petitioner had come to Delhi from Bombay on 25.8.1987 by the morning flight of Indian Airlines and checked in Maurya Sheraton Hotel at 3.30 P.M. At the time of commencement of operation u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner was in possession of any cash. It was contended that the 1st respondent has nothing to do with the assessment of the petitioner and he could have any reason to believe that the petitioner was in possession of such cash. In reply to this contention, Counsel appearing for the respondents has drawn our attention to the averments made in paragraph 12 of the affidavit in reply dated 29.9.1997 affirmed by the Deputy Commissioner of Income-tax, Aaykar Bhavan. It is asserted in the said reply that respondent no.1 was authorised the search on the basis of material available with him and he had reasonable belief that the petitioner was in possession of undisclosed money and had satisfied himself before authorising the search. Though the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r would have to be remanded to respondent no.2 for passing a proper order after complying the rules of natural justice. 4. In the circumstances, rule is made absolute in terms of prayer clause-(a) and respondent no.1 is directed to issue a fresh Show Cause Notice to the petitioner under Rule 112A of the Income Tax Rules 1962 within 12 weeks from today. Along with the said notice the petitioner will also be furnished copies of all statements/documents which the income tax authorities would like to rely upon. Thereafter a final order under Section 132(5), as it then stood, will be passed within a further period of 8 weeks of the first date of hearing, after rehearing the petitioner in accordance with law. It is made clear that if no notice u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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