RAJOO ENGINEERS LIMITED Vs. ASSISTANCOMMISSIONER OF INCOME TAXT

JUDGEMENT

(1.) By way of the present petition under Art. 226 of the Constitution of India, the petitioner is seeking to challenge the legality, validity and propriety of the notices issued by the respondent dtd. 29/9/2020 under Sec. 153(C) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') directing the petitioner to furnish the return of income for the assessment years 2013-2014 to 2018-2019. On the ground that the notices issued are manifestly arbitrary, illegal and suffers from the jurisdictional infirmity that the petitioner is before this Court with the following prayers: -

(2.) The petitioner is a company incorporated under the provisions of Companies Act , 1956. The search and seizure actions under Sec. 132 were undertaken by the Income Tax Department in case of one M/s. Star Alliances on 26/9/2018 which is an entity based at Rajkot. Pursuant to the said search, various incriminating material had been found and impounded. A pen drive was discovered and seized from the residence of the accountant - Shri Himanshu Raiyani of M/s. Star Alliance. This was a pen drive maintained in a software Miracle and the same belonged to Decora Group, according to Shri Raiyani. The digital data seized reflected huge cash inflows in form of advances towards booking of the units in a commercial project Om Decora Nine Square.

(3.) We have heard learned advocate Mr.Soparkar appearing for the petitioner who has taken us through the material which has been placed on record and also the provision of law and the authorities on the subject.