2004 (1) TMI 54

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...., at Hubli. Search and seizure action was commenced and concluded on June 16, 1999. As a result of search and seizure actions, a sum of Rs. 20 lakhs was seized from the said three persons. Notice under section 158BC of the Act was issued and served on the assessees. Returns of income in Form No. 2B declaring their undisclosed income were filed for the block period from April 1, 1989, to June 16, 1999. The petitioners and others claimed the cash seized as belonging to them. They filed writ petitions in this court in W.P. Nos. 2358 to 2377 of 2000. This court disposed of the said petitions and directed the authorities to complete the proceedings initiated under Chapter XIV-B of the Act within six months. Thereafter, notices have been issue....

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.... belong to them and they have nothing to do with the said cash. The Department found Rs. 11,55,850 from Vinayak Vilas Ghodke, Rs. 4,27,500 from Vithal Janardhan Jadhav and Rs. 4,24,200 from Vishwas alias Vijay Vasant Deshmukh. Cash seized from Vinayak Vilas Ghodke was Rs. 11,53,000, from Vithal Janardhan Jadhav Rs. 4,25,000 and from Vishwas alias Vijay Vasant Deshmukh Rs. 4,22,000. Assessment proceedings were concluded. Writ petitions were also filed in this court by the petitioners. Thereafter, revisions were filed and they were rejected. Before the revisional authority, it was contended that section 158BC was applicable only where any search has been conducted under section 132 of the Act. The revisional authority has noticed that the ....

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....t. No arguments were advanced with regard to these questions in the earlier proceedings. In the earlier petition this court in para. 6 has ruled as under: "6. In that view of the matter, without expressing any opinion on the merits or demerits of the petitioners' case before this court, these writ petitions are disposed of. A direction is issued to the first respondent-authority to complete the proceedings under Chapter XIV-B of the Act pursuant to his notice dated August 23, 1999, as expeditiously as possible at any rate within six months from the date of receipt of a copy of this court's order, provided the petitioners co-operate with the Department to complete the proceedings." In the light of the earlier order of this court and in th....