- (1.) By means of the present writ petitions, the petitioners (referred to hereinabove) are challenging the notices under Section 158BD of the Income-tax Act, 1961 (hereinafter referred to as "the Act").
(2.) The brief facts giving rise to the present writ petitions are that a search and seizure under Section 132(1) of the Act took place at the residence of one Sri Tariq Jamal, resident of 701, Gokul Apartments, Civil Lines, Kanpur on November 18, 1998, in which a diary was seized by the Authorised Officer. In pursuance of the search and seizure, proceedings under Section 158BC have been initiated in the case of Sri Tariq Jamal. It appears that on enquiry being made, Sri Tariq Jamal stated that the said diary was related to Empire Estate Building as was being jointly developed by AOP constituted by me and M/s Super House Overseas Ltd. wherein both of them had a share in the ratio of 60 per cent. and 40 per cent. However, a block assessment order dated November 28, 2000, was passed in the case of Sri Tariq Jamal by the Deputy Commissioner of Income-tax, Central Circle II, Kanpur. In the block assessment, the said diary was held to be belonging to Sri Tariq Jamal and on that basis an income of Rs. 183.44 lakhs was treated as undisclosed income of Sri Tariq Jamal. However, on the basis of the material found at the time of search, a notice dated November 3, 2000 under Section 158BD was issued in the name of M/s. Super House Overseas Ltd. and notice dated June 16, 2003 was issued in the name of Sri Mukhtarul Amin. Both the notices are being challenged by the petitioners, referred to hereinabove.
(3.) Heard Sri Ashish Bansal, learned Counsel for the petitioners and Sri Shambhu Chopra, learned standing counsel.;