Shri Ravi Kant, J. - (1.) Heard Shri Ravi Kant, senior advocate, and Shri R.S. Agrawal, advocate, on behalf of the petitioner, and Shri Shambhu Chopra, advocate, and D. Awasthi, advocate for the respondents.
(2.) For convenience, we may note the salient facts of the case in order to appreciate the dispute between the parties and the legal issues to be decided by this Court. M/s. Trimurti Fragrances P. Ltd. (called "the petitioner"), is the firm operating from Kanpur, and assessed at Kanpur and engaged in manufacturing and selling tobacco production, popularly known as gutkha under brand name of "Shikhar Gutkha". There are other firms and individuals who are also dealing with the said brand-product and operating from Kanpur. Pradeep Kurnar Agrawal, who is one of the partners of M/s. Vijay Kumar Pradeep Kumar (petitioner of Writ Petition No. 756 of 2005) admittedly has its factory/office and residence at Delhi. The said Pradeep Kumar is also a director in M/s. Trimurti Fragrances P. Limited, the petitioner in the present case.
(3.) A search and seizure operation under Section 132(1), Income-tax Act (for short "the Act"), was conducted both at Kanpur and Delhi on July 2, 2003, at the sites belonging to the petitioners of the group of writ petitions, (viz., (1) W. P. No. 755/2005 : Virendra Kumar Jain v. CIT; W. P. No. 756 of 2005 Vijay Kumar Pradeep Kumar v. CIT [2006] 283 ITR 541 (All); (2) W. P. No. 55 of 2006 R.K. Agarwal v. CIT; W. P. No. 56 of 2005; N.K. Agarwal v. CIT and W. P. No. 57 of 2006; Y.K. Agarwal v. CIT), (2006)201 CTR520 (All), [2006]283 ITR532 (All)). The admitted facts on record have been noted by us in our judgment dated February 16, 2006 in Civil Miscellaneous Writ Petition No. 428 of 2004; Vijaykumar Gauri Shankar v. CIT [2006] 283 ITR 524 (All) and Civil Miscellaneous Writ Petition No. 1808 of 2004 : Sanjay Kapoor v. CIT. The aforesaid Pradeep Kumar Agrawal and others owning and managing the business of the petitioners are closely related to each other, there are inter se transactions and even handsome cash in crores was recovered from the premises of Pradeep Kumar Agrawal, which according to him belonged to his father, Murlidhar Agrawal.;