SANJAY SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) SEARCH & seizure operations under Section 132 of the Income Tax Act, 1961 (hereinafter referred to as the Act) was carried out on 04.04.1995 by the income tax authorities. During the course of search & seizure operations Fixed Deposit Receipts worth about Rs. 14.00 lakhs, cash amounting to to Rs. 11.00 lakhs and stocks of sugar were seized apart from incriminating documents. Notice under Section 148 of the Act was issued to the petitioners for the assessment years 1991 -92, 1992 -93, 1993 -94 and 1994 -95 and, during its pendency, the petitioners approached the Settlement Commission by filing a settlement application under Section 245C (1) of the Act on 23.03.1998.

(2.) IT transpires that the Settlement Commission passed an order under Section 245D (1) of the Act on 24.03.1999. Since this order contained certain errors, the same was recalled which led to various litigations. Through various orders passed by the writ Court, the proceedings before the Settlement Commission was stayed and eventually, the Settlement Commission passed a fresh order under Section 245D (4) of the Act on 27.03.2012. Based on the said order, a demand notice under Section 156 of the Act dated 23.11.2012 was issued. The petitioner, being aggrieved by the issuance of the demand notice, has filed the present writ petition.

(3.) WE have heard Sri Kaushalendra Nath Singh and Sri Kartikeya Saran, the learned counsels for the petitioners and Sri R.K.Upadhyaya, the learned counsel for the Income Tax Department.