2019 (4) TMI 1531

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....r. Justice Jyoti Saran And Mr. Justice Arvind Srivastava For the Petitioner/s : Mr. Binod Kumar Singh, Adv., Mr. Ashok Kumar, Adv. For the Respondent/s : Ms. Archana Sinha, Sr.S. For the UOI : Mr. Kanak Verma, CGC For the EOU : Mr. V.N.P.Sinha, Sr. Adv., Ms. Soni Shrivastava, Adv. ORAL JUDGMENT MR. JUSTICE JYOTI SARAN Heard Mr. Binod Kumar Singh, learned Counsel appearing for ....

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....ty respondent to the present proceeding, had seized the documents which were subject matter of the notice issued to the petitioner by the Income Tax Department in purported exercise of powers vested under Section 142 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), which inter alia demanded production of various documents relatable to the affairs of the petitioner society, that ....

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.... of the petitioner. We say so because the notice issued by the Income Tax Department dated 24.11.2018 at Annexure 4 was indeed received by the petitioner on 29.11.2018 but he chose to respond to the said notice only on 01.01.2019 vide Annexure-5/A in which he has also accepted that he appeared before the Department only on 17.12.2018 and when he was handed over the assessment order passed on 15.12....

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....uch disputed area for the present rather bearing note of the laid back attitude of the petitioner in not responding to the notice of the Income Tax Department, for the present we would only permit him to exhaust the alternative remedy available to him under 'the Act' and during which course the petitioner would be at liberty to raise all issues as he seeks to raise in the present writ petition. We....