- (1.) We have heard Sri N.C. Gupta, the learned counsel for the petitioner and Sri Ashok Kumar, the learned counsel appearing for the income tax department.
(2.) The petitioner is a contractor and has a contract with the Indian Railways. The petitioner alleges that in order to pay wages to his workers, he was taking a sum of Rs.2,80,000/- to the site when the same was seized by the Magistrate, Nawabganj from the petitioner's vehicle on 29th January, 2012. The petitioner was also directed by the Magistrate to approach the Additional Director, Income Tax, Allahabad for release of the money. The petitioner consequently, applied for release of the money indicating that he had drawn a sum of Rs.4 lacs on 27th January, 2012 and was taking a sum of Rs.2,80,000/- for the purpose of distributing the wages to his workers. Instead of passing any orders on the petitioner's application, the assessing authority issued notices dated 15th October, 2012 under Section 153A of the Income Tax Act for the assessment years 2006-2007 to 2012-13. The petitioner, being aggrieved by the issuance of the said notices, has filed the present writ petition.
(3.) Counter affidavit filed by the income tax department indicates that upon coming to know of the seizure of the money by the Magistrate, a satisfactory note was drawn by the Additional Director (Investigation) Income Tax, Allahabad and, upon drawing satisfaction, proceedings under Section 132A of the Act was initiated and a requisition of the amount seized by the district authorities was made. The money was accordingly, requisitioned and is now with the income tax department, based on which, notices under Section 153A of the Act was issued for reopening the assessment proceedings of six years. The respondents contended that the requisition of the amount and reopening of the assessment proceedings was validly done in accordance with the procedure prescribed under Section 132A and Section 153A of the Act.;