- (1.) We have heard Shri Ashish Bansal, learned counsel appearing for the petitioner-assessee. Shri Bharat Ji Agarwal, Senior Counsel assisted by Shri Ashok Kumar appear for the Income Tax department. The petitioner has challenged the search and seizure operations under Section 132 of Income-tax Act and prayed for following relief's:- (a) to issue writ, order or direction in the nature of certiorari quashing the search & seizure action under Section 132(1) as has taken place in the case of the petitioner, as evidenced by the various Panchnamas drawn by the Authorised Officers (so to say), being Annexures-IV (a), IV (b), IV (c), IV (d), IV (e), IV (f), IV(g), IV (h), IV (i) & IV (j); (b) to issue writ, order or direction in the nature of certiorari quashing the summon under Section 13(1A) dated 06.10.2009 being Annexure-VI as issued by the respondent No. 4. (c) to issue writ, order or direction in the nature of mandamus directing the respondents not to proceed further and/or take up any proceedings in consequence of warrant of authorization (where under seizure has taken place on 15/16.9.2009) by way of centralization of its case, issuing summons, notices, assessment, etc.; (d) to issue writ, order or direction in the nature of mandamus directing the respondents to restore the possession of cash amounting to Rs. 4,90,000/- as belonging to it and as had been seized during the course of search and seizure action that had commenced on 15.9.2009; (e) to issue writ, order or direction in the nature of mandamus directing the respondents to restore the possession of jewellery weighing 251.360 gms. valued at Rs. 2,96,082/-, as had been seized during the course of search and seizure action that had commenced on 15.9.2009; (f) to grant exemplary damages to the petitioner for arbitrary and illegal action of search & seizure to which it has been subjected to; (g) to award cost of the petition to the petitioner; and (h) grant such other relief as is deemed fit under law and equity.
(2.) After exchange of affidavits the writ petition was heard by a Division Bench of this court. The conclusions drawn by the Court in the judgment dated 04.2.2011 on the points for determination are as follows:-
(3.) The Income Tax department has filed a Civil Appeal No. 7840 of 2011 M.D. Overseas Ltd. v. Director General of Income-tax, 2011 333 ITR 407 against the findings recorded by the Court in the judgment dated 4.2.2011.;