Arijit Pasayat, J. - (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a Division Bench of the Delhi High Court dismissing the writ petitions filed by the appellants.
(3.) Background facts in a nutshell are as follows : A search and seizure was conducted by the respondents in the premises of the appellants pursuant to warrants of authorization dated 3.8.2005. On 4.8.2005 cer tain assets including jewellery, cash and fixed deposit receipts were seized. On that very day, appellants received a letter from the HDFC Bank at B-28, Community Centre, Janakpuri, New Delhi that operation of five bank accounts of appellant No. 1 had been restrained by order issued under Section 132 (3) of the Income Tax Act, 1961 (in short the Act). The Bank issued a similar letter to appellant No. 3 intimating that the said appellant had been restrained from operating her Savings Bank Ac count by order dated 3.8.2005 passed under Section 132(3) of the Act. Appellants stand was that existence of the lockers and the bank accounts were disclosed by the appellants in the regular books of account maintained and no opportunity was pro vided to establish the said fact. It was further submitted that the computers which contained the details of the bank accounts were available at the business premises at Janakpuri and no opportunity was allowed to the appellants to place these before the authorities. Grievance is made that apart from the non grant of opportunity no effort whatso ever was made to ascertain whether the accounts had been disclosed in the regular books of account maintained by the appellants. On 8.8.2005 appellant addressed a letter to the Additional Director of Income Tax stating inter alia that all bank ac counts under restraint have been disclosed in the regular books of account and also that the restraint order was hampering the day to day operations of the business of the company. On the same day, appellant No. 3 wrote another letter to the concerned authority requesting him to remove the restraint order in Savings Bank account. On 16.9.2005, appellant No. 1 addressed another letter to the Assistant Director of Income Tax (Investigation) again reiterating its stand that the bank accounts have been disclosed in the regular books of account and there was no justification for keeping the restraint on the operation for the bank accounts.;