TaxTMI 
TaxTMI 
2016 (5) TMI 579
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....Mr Shubhanshu Gputa, Advocates JUDGMENT Sanjeev Sachdeva, J 1. The two appeals (LPA 250/2011 and LPA 511/2011) and the writ petition (WP(C) 7978/2010) raise common questions of fact and as such are being taken up for disposal together. 2. Writ Petition (c) No. 7978/2010 has been filed by Gauri Shankar Goel in the capacity of Director of M/s J.P. Goel and Sons Private Limited as also in his individual capacity and by Shri Shankar Lal Goel seeking quashing and setting aside warrant of authorization dated 17.07.2009 under Section 132 (A) of the Income Tax Act, 1961 (hereinafter referred to as "the Act"). 3. On 11.07.2005, a search and seizure operation was carried out at the premises of the Petitioner No. 1 (i.e. Gauri Shankar Goel Direct....
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..... 6,99,000/- comprised of Rs. 1,49,000/- seized from the petitioner and Rs. 5,50,000/- seized from one Mr. Tulsi Bhai s/o Sh. Moolgi Bhai, who happened to be present in the premises of the petitioners during the search and seizure operation. 7. By order dated 10.12.2010, a learned single Judge disposed of Writ Petition (C) 3908/2008 holding that from the affidavit of the Directorate of Enforcement, it was admitted that there was no legal justification for seizing the 6 Kilograms of gold from the business premises of the petitioner by the Enforcement Directorate. There was no FEMA violation in that regard and with regard to seizure of cash of Rs. 1,49,000/-, no legal justification has been shown by the Enforcement Directorate and the case w....
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....e Enforcement Directorate is that the findings returned by the learned single Judge in the impugned order to the effect that Section 37 of the FEMA could not be invoked to seize Indian currency was erroneous. 9. On the other hand, the Income Tax Department has impugned the order in LPA No. 250/2011 primarily on the ground that it was justified in invoking the powers under Section 132 (A) of the Act and in executing the warrants of authorization and taking into custody six kilograms of gold bars and the Indian currency amounting to Rs. 1,49,000/-. 10. The respondent/Income Tax Department has filed a Counter Affidavit dated 20th April, 2011 in the present WP(C) 7978/2010. The respondent/ Income Tax Department with regard to the issue of del....
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.... of the said 6 Kilograms of gold bars and Indian currency amounting to Rs. 1,49,000/- seized from the business premises of the petitioner. 12. Additionally, at the time of hearing of the present petition, learned counsel appearing for the Income Tax Department contended that it was the case of the petitioners that the seized gold bars and cash belonged to the company, M/s J.P. Goel and Sons Private Limited. It is contended that the goods could only be released, if at all, in favour of M/s J.P. Goel and Sons Private Limited. 13. In response to the objections raised by the counsel for the Income Tax Department, counsel for the petitioners stated that the petitioner No. 1 is Director of M/s J.P. Goel and Sons Private Limited and is also arra....