TaxTMI 
TaxTMI 
2006 (8) TMI 132
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....s attached to M/s. Down Town Hospitals Ltd. challenged the notice issued by the respondent authority under section 158BD of the Income-tax Act. 1961 read with section 158BC for submission of true and correct returns for the block period from April 1, 1988, to February 4, 1999. The notice had been issued to the writ petitioners/appellants for the purpose of preparation of true and correct return of total income including undisclosed incomes for the aforesaid block period. The background leading to the issuance of the notice is that a search was conducted under section 132 of the Income-tax Act, 1961, in the business premises of M/s. Down Town Hospitals Ltd., Guwahati, in the month of February, 1999, and during the course of search, certain d....
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....ti, by the letter dated September 23, 2002, has informed the appellants that their prayer for dropping of the proceedings is rejected for the following reasons: "... during the course of search and seizure operation conducted under section 132 of the Income-tax Act, 1961, in the business premises of Down Town Hospital Ltd., in February, 1999, various registers were found and seized. The abovementioned registers indicate a large amount of professional fees paid to various doctors. Your name has also figured in the said registers and the fees shown as paid to you in these registers do not tally with the figures shown by you in the return of income filed by you. Therefore, your contention that the conditions precedent for the issue of such a....
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....rved by the learned single judge that the writ petitioners/appellants had already informed the authorities concerned that they have not received any amount as disclosed in the books of account seized from the premises of M/s. Down Town Hospital Ltd. and it is for the Assessment Officer to decide whether the stand taken by the writ petitioners/appellants is acceptable or not. We have heard Mr. D.K. Mishra, learned senior counsel assisted by Mr. R. Goenka, learned counsel appearing for the appellants, as well as Mr. U. Bhuyan, learned standing counsel for the Income-tax Department, perused the impugned judgment and orders dated October 10, 2002, passed in connected W.P(C) No. 6733 of 2002 and W.P(C) No. 6726 of 2002 and other connected mater....