PAWAN KUMAR GARG Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Dr. A. Saraf, learned Senior Counsel assisted by Mr. P.K. Bora, learned counsel for the petitioner and Mr. S. C. Keyal, learned Standing Counsel for the Income Tax Department, Government of India appearing for all the respondents.

(2.) The present writ petition has been filed by the petitioner challenging the illegal search and seizure conducted at the residential premises of the petitioner on 2/12/2020 and the impugned notices dtd. 29/12/2020, 5/1/2021, 21/1/2021 and 28/1/2021, issued by the respondent No. 3, on the ground that the same is absolutely illegal and without jurisdiction and in violation of the mandatory provisions of the Income Tax Act, 1961(herein after referred as 'the Act')

(3.) The facts of the case is that the petitioner is an assessee under the Income Tax Act, 1961 and is regularly filing income tax returns and discharging tax liabilities by paying income tax and TDS. A search and seizure operation was conducted by the Additional Director of Income tax (Investigation) and his team at the residential premises of the petitioner on 4/12/2020 on the basis of the authorization dtd. 4/12/2020 issued by the Principle Director of Income Tax (Investigation) dtd. 4/12/2020. A survey operation was also conducted at the coal depot of the petitioner on 4/12/2020. During the search operation cash amounting to Rs.2,69,920.00, jewellery amounting to Rs.10,44,695.00 was found. Inventory of Bank accounts found was prepared which related to the petitioner and his family members and a restraint order was passed as regard to book accounts. Some loose paper, notes books and data of cell phone and laptop was also seized. Restraint order under Sec. 132(3) of the Act was passed in respect of two bank lockers on the date of seizure i.e. on 4/12/2020. The said lockers were opened on 21/1/2021 and jewellery contained in the lockers was not seized and the search was finally concluded.