RAJ KUMAR JAISWAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) IN pursuance of a warrant of authorisation dt. 1st Oct., 1975 issued by the CIT, Locknow, under s. 132(1) of the IT Act, the Assessee's residential-cum-business premises were searched on 3rd Oct., 1975 and documents and books of accounts as well as gold and silver ornaments, jewellery, cash etc. were recovered. On 31st Dec., 1975 the ITO passed a provisional assessment order under s. 132(5) of the IT Act, 1961. The petitioner challenges the validity of the search and seizure proceedings as well as the provisional assessment order.

(2.) UNDER S. 132(11) of the IT Act the petitioner has an adequate alternative remedy by way of representation to the CBDT against the provisional assessment order. In the representation the petitioner can also plead the various points taken in the writ petition against the validity of the search and seizure proceedings. The Board will on consideration of all the aspects take an appropriate decision.