DINKAR U. DESAI Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner seeks to:

(2.) DURING the course of search of the petitioner's premises on January 30, 1997, jewellery, silver utensils and cash amounting to Rs.150,000/- were seized. Consequent to the search, block assessment proceedings for the period April 1, 1986 to January 30, 1997 under Section 158BC of the Act were commenced. On March 26, 1999 the Assessing Officer passed an order under Section 158BC read with Section 143(3) of the said Act, for the block period April 1, 1986 to January 30, 1997. In the above order the Assessing Officer negatived the petitioner's case that some of seized diamond jewellery and precious stones belonged to third parties viz. Subhash Jain, Nayan Desai and Mahesh Parikh.

(3.) BY a communication dated May 31, 2011 the Assessing Officer in accordance with the directions in the order dated August 10, 2006 of the Income Tax Appellate Tribunal fixed the hearing of the petitioner's case on June 15, 2011 at 3.30 p.m. and called upon the petitioner to submit evidence with regard to its claim that part of the seized diamonds and precious jewellery were owned by Subhash Jain, Maheshkumar Parikh and Nayan Desai The respondent sent a reminder dated 6th June, 2011.