TaxTMI 
TaxTMI 
2013 (9) TMI 566
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.... Annexures - IV (a), IV (b), IV (c), IV (d), IV (e), IV (f), IV(g), IV (h), IV (i) & IV (j); (b) to issue writ, order or direction in the nature of certiorari quashing the summon under Section 13 (1A) dated 06.10.2009 being Annexure - VI as issued by the respondent no.4. (c) to issue writ, order or direction in the nature of mandamus directing the respondents not to proceed further and/or take up any proceedings in consequence of warrant of authorization (where under seizure has taken place on 15/16.9.2009) by way of centralization of its case, issuing summons, notices, assessment, etc.; (d) to issue writ, order or direction in the nature of mandamus directing the respondents to restore the possession of cash amounting to Rs.4,90,000/- as belonging to it and as had been seized during the course of search and seizure action that had commenced on 15.9.2009; (e) to issue writ, order or direction in the nature of mandamus directing the respondents to restore the possession of jewellery weighing 251.360 gms valued at Rs.2,96,082/-, as had been seized during the course of search and seizure action that had commenced on 15.9.2009; (f) to grant exemplary damages to the petit....
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....entary counter affidavit is filed then, it will be open to the Department not to show or state that part of information that might indicate source of the information. 132. We also clarify that: The Department has not claimed privilege under the Evidence Act as yet. It will also be open to the Department to claim privilege under section 123 or 124 of the Evidence Act; There are other points in the writ petition that we have not considered at this stage. They may be considered subsequently. 4. The Income Tax department has filed a Civil Appeal No.7840 of 2011 (Director General of Income Tax, North & others vs. M.D. Overseas Ltd) against the findings recorded by the Court in the judgment dated 4.2.2011. 5. The writ petition was kept pending with liberty to the department to claim privilege for disclosing the source of information under Section 123 or Section 124 of the Evidence Act. In paragraph 132 the Division Bench stated that there are other points in the writ petition and that the Bench has not considered at this stage. They may be considered subsequently. 6. An application no.115800 dated 13.4.2011 was filed by Shri S.K. Garg and Shri Ashish Bansal appearing fo....
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....24 of the Evidence Act from disclosing the information on the basis of which the authorisation was prepared, is pending for consideration of the Court. 8. An application has been filed by the Income Tax department on 4.8.2011, supported by the affidavit of Ms. Balvinder Kaur, Deputy Director of Income Tax (Investigation), NOIDA claiming privilege for the unpublished material in public interest under Sections 123, 124 and 125 of the Evidence Act, 1872. 9. In order to meet the objections, that the affidavit has not been filed by the Head of Department, who has formed the opinion for claiming privilege, a supplementary affidavit of Shri Sada Shiv Bajpai, Director General of Income-tax (Investigation) UP & Uttrakhand at Lucknow has been filed, reiterating the averments in the affidavit of Ms. Balvinder Kaur on which the privilege has been claimed. 10. The Income Tax department has claimed privilege of disclosing the satisfaction note to the petitioner on the facts and grounds quoted as below:- "6. That in view of the aforesaid observations of this Hon'ble Court in the judgment and order dated 4th February, 2011, it is clear that in case the petitioner makes out a prima faci....
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....terrorist financial the related crime. All these actions are taken and information are shared in public interest by FIU-IND and the actions are taken against money laundering terrorist financing and other related crimes, which cannot be divulged to any person except with the National Intelligence. Law Enforcement Agencies and various Financial Intelligence Units, as mentioned about the functions of FIU-IND which was set up by the Govt. of India Office Memorandum dated 18th November, 2004. 10. That the aforesaid information received from the Financial Intelligence Unit are unpublished official records and the same cannot be disclosed to any individual including the petitioner and his counsel inasmuch as it shall be against the public interest. 11. That the information has also been received from the Ministry of Corporate Affairs website and also discreet enquiries. The information was received from FIU-IND that the petitioner-company has imported Platinum bars worth several thousand crores of rupees and similarly imported gold valued about thousands crore of rupees, while the sale proceeds in domestic sales appears to be in cash. In these circumstances, the information r....
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....r basis. The Financial Intelligence Unit-IND acts as the central reception point for receiving Cash Transaction Reports (CTRs) and Suspicious Transaction Reports (STRs) from various reporting entries. It is a Central National Agency for receiving, processing, analyzing and disseminating information relating to suspect financial transaction. The disclosure of the information received from the Financial Intelligence Unit are unpublished records, and the same could not be disclosed to any individual including the petitioner and his counsel inasmuch as it is against the public interest. Shri Bharat Ji Agarwal submits that the department has least objection in showing the satisfaction note to the Hon'ble Court, rather it has already been produced before the Hon'ble Court in a sealed envelop and can be produced again before the Hon'ble Court, if so desired. 12. Shri Ashish Bansal, on the other hand, submits that the information is relevant to the petitioner on which the search and seizure operations were carried out. The confidentiality of information is not a ground on which the privilege can be claimed under Sections 123 and 124 of the Evidence Act. He submits that block assessments....