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1975 Supreme(SC) 504

A.N.RAY, M.H.BEG, P.N.SHINGHAL, R.S.SARKARIA
Bhupendra Ratilal Thakkar – Appellant
Versus
Commissioner Of Income-tax, Gujarat-1 – Respondent


Advocates:
B.B.Ahuja, I.M.SHROFF, S.P.NAIR

JUDGMENT

P. N. SHINGHAL, J.:—This is a petition under Article 32 of the Constitution. Bhupendra Ratilal Thakkar, petitioner No.1, is the managing partner of the other petitioner M/s. Rajnikant Nareshchandra Shroff, which is a partnership firm carrying on the business of "shroffs and bankers". Its principal place of business is said to be at Mehmedabad, with branches at Surat and Bombay. The petitioners applied for registration of the firm on April 7, 1971, and had time to file their return of income upto June 30, 1972. It has been claimed that the firm had large sums of money in cash as well as hundis and other bills of exchange which formed its stock-in-trade and that there was no justification for thinking that it would not do what was required to be done under the law relating to income tax. The firm had a sum of Rs.12,00,000/- as cash on January 10, 1972, which is said to have been duly entered in its books of account in the Bombay branch office. The grievance of the petitioners is that some of the respondents entered these premises on January 10, 1972, "inpurported exercise of the powers conferred by Section 132", and seized the sum of Rs.12,00,000/- along with the books of






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