W.p.(C)/15111/2004 Of Dinesh Kumar v. The Director Of Income Tax & O

$~39 *IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 15111/2004DINESH KUMAR..... Petitioner ..... PetitionerThroughMr. S. Krishnan, Advocate. versus THE DIRECTOR OF INCOME TAX & O..... RespondentThroughMr. Asheesh Jain, Advocate. CORAM:HON'BLE MR. JUSTICE S. RAVINDRA BHATHON'BLE MR. JUSTICE SANJEEV SACHDEVAO R D E R %07.12.2017 1.The petitioner had approached this Court under Article 226of the Constitution claiming that the seizure of the sum ofRs.36,64,912/- from the accounts of M/s. Krishna Machine Toolsthrough Mr. Dinesh Kumar, its proprietor (CA-110762), with theOriental Bank of Commerce, E-Block, was unlawful. 2.Apparently, a survey under Section 133A of the IncomeTax Act, 1961, was conducted in the premises of M/s. VishalIron Works Pvt. Ltd.This was later converted into a searchunder Section 132 of the Act.Several documents and paperswere seized. Apparently, based upon a list found in the premisesof M/s. Vishal Iron Works Pvt. Ltd. (whose proprietor hadintroduced the petitioner to the Oriental Bank of Commerce), theaccounts of M/s. Krishna Machine Tools was also attached andthe concerned amount of Rs. 36,64,912/- was seized. 3.It is conceded by the learned counsel for the parties that no notice was issued under Section 158BB of the Income Tax Act,1961, as then applicable. The record also would reveal that nointerim order was granted, in any manner, precluding the revenuefrom proceeding to complete the assessment in respect of theseized amount, if it was of the opinion that the petitioner wasliable to pay income tax on concealed amounts. 4.This petition was entertained in the year 2004. In view ofthe facts that, till date, there has been no impediment and, giventhe circumstances, that the time stipulated under the Act forcompleting the search assessments for AY 2004-05 and forissuing notice or proceeding to reopen assessment, has long sinceexpired, this Court is of the opinion that the petitioner would belegitimately entitled to claim the amount seized. 5.Inthesecircumstances,therespondentsare,hereby,directed to pass an appropriate order in that regard within fourweeks from today and take necessary and consequential action. 6.The writ petition is allowed in the above terms. 7.Order Dasti under the signatures of the Court Master. S. RAVINDRA BHAT, J DECEMBER 07, 2017/st SANJEEV SACHDEVA, J