AI Drafter 
TaxTMI 
TaxTMI 
2004 (5) TMI 43
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....k of India, Brindaban Gate, Mathura. The petitioner has also prayed for a mandamus directing respondents Nos. 3 and 4 to hand over the custody of the seized material to the petitioner including the valuables seized from his residence. Heard learned counsel for the parties. It is alleged in para. 3 of the petition that the petitioner has been carrying on the business of manufacturing of perfumed supari under the brand name of "Sweety Supari" and selling the same in his proprietary set up known as "Shree Girraj Supari Traders". It is alleged that in relation to such business activities as also other sources of income, he has been regularly assessed to Income-tax by the Assessing Officer at Mathura. It is alleged in para. 4 of the petiti....
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....-02 and 2002-03 as also the related statements showing computation of income in all these years are annexures I, IA, II, IIA, III and IIIA to the writ petition. As regards the financial year 2002-03 relevant to the assessment year 2003-04, the books of account and other records had been kept in the regular course, and such books of account too disclosed a progressive trend of turnover. The petitioner had made higher payment of advance tax as per chart given in para. 6 of the petition. On December 10, 2002, simultaneously search operations were carried out at the residential premises of the petitioner as also his business premises and the place from which manufacturing activities were being carried on, in his absence. The panchanamas were....
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....ial premises. During the course of search operation at the residential premises of Onkar Nath Agarwal who had been working as accountant with the petitioner and had also been assisting the petitioner's son, Sunil Agarwal, in handling bank operations, cash amount of Rs. 81,320 was found. As per the information given to the petitioner, Onkar Nath Agarwal had given cogent explanation of the cash found at his residence but yet a sum of Rs. 70,000 was seized from his residence and has not yet been returned. Apart from this cash, jewellery weighing 2,226.500 gms. was found. It is alleged that this jewellery found during the course of the search stood fully covered by the income/ wealth-tax returns of Smt. Rajni Agarwal, wife of the petitioner. It....
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....iod. It is alleged in para. 16 of the petition that the authorisation was issued by respondent No. 2, the Director of Income-tax (Investigation), Kanpur, which was illegal as none of the conditions mentioned in section 132(1) existed. It is alleged in para. 17 of the petition that there existed no material which could lead to the formation of reason to believe that any asset owned and possessed by the petitioner had not been disclosed or would not be disclosed in due course. A counter affidavit has been filed by the respondents and we have perused the same. It is alleged in para. 11 of the counter affidavit that Smt. Rajni Agrawal could not satisfactorily explain the cash found in a room. In para. 12 it is stated that Onkar Nath Agarw....
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...., the petitioner and his wife are regular income-tax payers and they have been returning a progressive return of income over the last several years as is borne out from the chart in para. 5 of the petition. The computation of balance sheets are annexures 1 to 3A to the writ petition. The petitioner has alleged in paras. 17, 18 and 19 of the writ petition that there existed no material which could lead to the formation of reasons to believe under section 132(1) that the petitioner had cash or assets which represented undisclosed income. This averment appears to be correct. No material has been disclosed in the counter affidavit to show that there were reasons to believe in the authority concerned for issuing the warrant of authorisation. ....