- (1.) BY this writ petition, the petitioner has prayed for following reliefs: (a)"issue a writ order or direction in the nature of writ of certiorari and quash the proceedings initiated U/s 153 -A of the Income Tax Act against the petitioner no.2 for the A.Y. 2006 -07 to 2011 -12 in view of the specific provisions contained in Rule 112 F as well as the Circular No. 10 of 2012 dated 31.12.2012 after summoning the records. (b)Issue a writ, order or direction in the nature of writ of Mandamus directing the opposite parties to release the Cash of Rs.7,15,000/ - either to Petitioner no.1 or to the petitioner no.2, since the same belongs to Petitioner no.1 and was being carried for depositing in the HDFC Bank at Varanasi was illegally seized. (c)Issue a writ order or direction in the nature of writ of Prohibition/Mandamus prohibiting/directing the oppoiste party no. 2 from assessing the petitioner U/s153A for the A.Y.2006 -07 to 2011 -12 as well as for the A.Y. 2012 -13 and not to impose tax and realize the same. (d)Issue a writ order or direction in the nature of writ of Mandamus directing the Opposite Party no.1 to release the cash with interest @18% since the same has been seized against the SOP issued by the Election Commission of India on 15.01.2012 as well as the circular no.10 of 2012, which is binding on the opposite parties. (e).............................. (f) .............................."
(2.) BRIEF facts giving rise to the petition are that the petitioner no.1 got a contract of National Highway Authority of India for collecting 'Toll' at Lala Nagar Toll Plaza on National Highway 2 situated in District Sant Ravidas Nagar and the contract became effective from 09.01.2012 (24 hrs)/10.01.2012 (00hrs). The petitioner no.2 Sri Sanjay Agarwal is an employee of the petitioner no.1, as General Manager w.e.f. 8th February, 2010. On 11.01.2012, in the morning at about 10.00am, the petitioner no. 2 was going in a Innova Car bearing No. UP - 32/CX -1288 to HDFC Bank, Lohata Branch, Varanasi. On the way, he was intercepted by the Police. A cash of Rs.7,15,000/ - was seized from his possession. The information was given to the Income Tax Department and the officers of the Income Tax Department seized the money, after due approval of the Additional Director, Income Tax (Investigation), Varanasi. After the preliminary investigation, the proceedings under Section 153 - A were started for the assessment year 2006 -07 to 2011 -12 i.e. Block Period. Notices under Section 142(1) and 142(2) of the Act for the assessment year 2012 -13 were also issued to the petitioner no.2. Being aggrieved, both the petitioners have filed the present writ petition.
(3.) WITH this background, Sri Pradeep Agarwal, learned counsel for the petitioners submits that after getting the Contract, the petitioner no. 2 Sri Sanjai Agarwal was staying in the tourist bungalow at Gopiganj, Bhadohi. As he was authorized to collect the money from the Toll Plaza, he collected the money from the Toll Plaza for depositing the same in the HDFC Bank, which is the Principal Banker of the petitioner no.1. He was carrying the cash with 'carrying certificate' of the company. He submits that the cash collection was as under: Date Shift Time (hrs) Shift No. Collection (Rs.) 10.01.2012 00.00 to 08.00 1 1,92,610/ - 10.01.2012 08.00 to 16.00 2 1,22,750/ - 10.01.2012 16.00 to 24.00 3 3,21,264/ - 11.01.2012 00.00 to 08.00 1 1,68,815/ - Total : Rs.8,03,439/ - ;