Amitava Lala,J. - (1.) This writ petition is made by an individual who claims to be the sole proprietor of a business under the name and style of "Pratik Food Products", at No. 58, Jawaharlal Nehru Road, Calcutta-700 071. He is residing at a flat being No. 9C/9D, 87, Southern Avenue, Calcutta-700 029.
(2.) The petitioner alleged that on September 24, 2001, the Deputy Director of Income-tax (Investigation) along with other officers of the Income-tax Department initiated a search at the place of the petitioner's business at No. 58, Jawaharlal Nehru Road, Calcutta-700 071. The search commenced at 8 a.m. of the day and ended at 1.15 a.m. of the next day. Therefore, no business was held on that very day. Respondent No. 1 prepared an inventory of bank accounts, demat accounts, foreign exchange, machineries, shares, finished goods, raw materials and packaging materials. They had seized Rs. 4,50,000 in cash, bunch of loose sheets, computer (C.P.U.) print outs and some documents relevant for preparing final books of account. The panchanama under Section 132 of the Income-tax Act, 1961, and list of inventories were served only on September 25, 2001. Simultaneously, with the aforesaid search and seizure on September 24, 2001, at around 8.30 a.m., a similar set of officers took out search and seizure proceeding under Section 132 of the Income-tax Act at the residence of the petitioner and after making an inventory of the articles, namely, credit card, jewellery, books of account, documents, cash and seized a bunch of loose papers, cash of Rs. 50,000 and jewellery estimated at Rs. 78,313. The panchanama in respect of such inventory was also served along with the list of inventories on the same day.
(3.) It is significant to note hereunder that both the panchanamas and the list of inventories are made in the name of Pratik Food Products (Pvt.) Ltd. but not in the name of Pratik Food Products, the proprietorship concern of the petitioner.;