COMMISSIONER OF INCOME TAX Vs. ABOO MOHMED

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal has referred the following questions of law arising out of its order dated January 11, 1994, for the assessment year 1986-87.

(2.) THE facts of the case are that the assessee is an individual. While he was travelling from Bombay to Trichur, by a bus belonging to Madeena Travels, the Customs and Central Excise Authorities, Preventive Unit-II, Belgaum, seized cash of Rs. 10,51,650 on January 1, 1986, from the assessee. This amount was taken possession of by the Income-tax Department by warrant of authorization issued under Section 132A dated January 3, 1986, and possession was taken of the aforesaid cash by the ADI (Inv), Unit-II, Bangalore, on January 4, 1986. An order under Section 132(5) was passed on March 27, 1986. THE assessee filed a return of income on July 28, 1986, declaring a total income of Rs. 10,59,650 including the seized cash and declaring business income of Rs. 8,000 and the return was claimed as having been filed under the voluntary disclosure scheme and immunities under the Amnesty Scheme were claimed.

(3.) THE only limited question raised before us is that the Tribunal has seriously erred in remitting the penalty on the ground that there was no search under Section 132 as the unaccounted money which was considered as income under Section 139A (sic) was requisitioned under Section 132A. It appears that the Tribunal has lost sight of the provisions of Sub-section (3) of Section 132A which is as under :