Gujarat High Court
Shri Hiteshbhai Ratilal Patel (Huf) vs The Assistant Commissioner Of Income ... on 8 April, 2019
Author: Harsha Devani
Bench: Harsha Devani, Bhargav D. Karia
C/SCA/6987/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6987 of 2019
================================================================
SHRI HITESHBHAI RATILAL PATEL (HUF)
Versus
THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 4
================================================================
Appearance:
MR MANISH J SHAH(1320) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
================================================================
CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
and
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 08/04/2019
ORAL ORDER
(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)
1. Mr. Manish Shah, learned advocate for the petitioner submitted that pursuant to a search carried out under section 132 of the Income Tax Act, 1961, cash of Rs.6,40,000/- belonging to the petitioner came to be seized from the premises of the Karta of the petitioner. It was submitted that thereafter, the assessment has been completed in case of the Karta of the petitioner and other family members under section 143(3) read with section 153A of the Act for seven assessment years, wherein the Assessing Officer has accepted the returned income and no further addition has been made to the income declared by the petitioner. It was submitted that since the cash seized during the course of search belonged to the petitioner which was recorded in the books of account of the HUF forming part of explained / disclosed source of Page 1 of 2 C/SCA/6987/2019 ORDER income, the petitioner drew attention of the respondent to section 132B of the Act to point out that the assessments were completed accepting the returned income together with interest thereon and requested the respondent to release the cash of Rs.6,40,000/- seized together with the interest thereon. It was submitted that however, there is no response from the respondent.
2. Having regard to the submissions advanced by the learned advocate for the petitioner, Issue Notice returnable on 6th May, 2019.
Direct Service is permitted.
(HARSHA DEVANI, J) (BHARGAV D. KARIA, J) B.U. PARMAR Page 2 of 2