GAUTAM THADANI Vs. DIRECTOR INCOME TAX

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India, inter alia, praying that directions be issued to respondent no.2/Superintendent of Police, Central Bureau of Investigation (CBI) to handover an amount of ?98,00,000/- which was seized from the petitioner on 20/10/2012. The petitioner also impugns an order dtd. 5/9/2016 (hereafter the impugned requisition) passed under Sec. 132A of the Income Tax Act, 1961 (hereafter the Act) and further proceedings pursuant to the impugned requisition. Additionally, the petitioner also impugns a notice dtd. 8/10/2018 issued under Sec. 153A of the Act and notice dtd. 5/11/2018 issued under Sec. 142(1) of the Act in respect of the assessment years (AY) 2011-12 to 2016-17.

(2.) The petitioner had not impugned the notice issued under Sec. 153A of the Act in the petition as initially filed as the said notice was issued after the present petition was filed.

(3.) The petitioner contends that there was possibly no reason to believe that the petitioner's income had escaped assessment and therefore the impugned requisition was issued without authority of law.