COMMISSIONER INCOME TAX Vs. SRI VINOD KUMAR

JUDGEMENT

(1.) AN affidavit of service, in compliance with order dated 5.9.2007, has been filed. No one appears for respondent. We have heard Sri R.K. Upadhyay for the appellant.

(2.) THIS Income Tax Appeal under Section 260 -A of the Income Tax Act 1961 (in short, the Act), arises out of an order passed by the Income Tax Appellate Tribunal dated 30.06.2004, in respect of Block Period 1.4.1991 to 16.02.2001. The appeal has been preferred on the following substantial questions of law.

(3.) THE Director of Income -tax, Investigation, after having received the information, issued a warrant of requisition under Section 132 -A of the Act on 3.4.2000, directing the Superintendent of Police Palanpur, District Banskantha, Gujarat, to deliver the said silver jewellery/silver to the Income -tax Officer authorized, as per warrant of requisition, which was served on the Superintendent of Police on 5.4.2000. Since the persons, from whose possession, these items were seized, had approached the court, for release of jewellery by police to the department, which was ultimately delivered on 16.02.2001, the Assessing Officer having jurisdiction over income -tax cases, issued notices to five assessees under Section 158 BC of the Act on 30.03.2001.