UNION OF INDIA Vs. MADHURIKABEN PRABHAKARBHAI KHANDERIA

JUDGEMENT

(1.) The Income-Tax Department of the revisionists raided the premises of one Mr.Bipinbhai Khanderia of Gondal and during the search, several Kishan Vikas Patras were found from the premises issued in the name of the respondents herein, who happen to be the sisters of said assessee Mr.Bipinbhai Khanderia. The Income-Tax Department, therefore, seized those documents. The respondents herein, therefore, preferred Regular Civil Suit Nos. 385/1995 and 386/1995 (New Nos. 1300/1998 and 1301/1998) respectively, praying for release of those documents claiming that they are their own property and not the property of the assessee.

(2.) Heard Mr. Bhatt, learned Senior Standing Counsel for Income-Tax Department, and learned advocate Mr.Patel for the respondents.

(3.) Learned counsel Mr.Bhatt has indicated that the assessment of the assessee Mr.Bipinbhai Khanderia is now over. The details, particularly, in respect of the investments in question i.e. whether they are held to be the property of the assessee or not, however, are not known.