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2008 Supreme(SC) 140

S.H.KAPADIA, ARIJIT PASAYAT
K. C. C. Software Ltd. – Appellant
Versus
Director of Income Tax (Inv. ) – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the order passed by a Division Bench of the Delhi High Court dismissing the writ petitions filed by the appellants.

3. Background facts in a nutshell are as follows:

A search and seizure was conducted by the respondents in the premises of the appellants pursuant to warrants of authorization dated 3.8.2005. On 4.8.2005 certain assets including jewellery, cash and fixed deposit receipts were seized. On that very day, appellants received a letter from the HDFC Bank at B-28, Community Centre, Janakpuri, New Delhi that operation of five bank accounts of appellant No.1 had been restrained by order issued under Section 132 (3) of the Income Tax Act, 1961 (in short the Act ). The Bank issued a similar letter to appellant No.3 intimating that the said appellant had been restrained from operating her Savings Bank account by order dated 3.8.2005 passed under Section 132(3) of the Act. Appellant s stand was that existence of the lockers and the bank accounts were disclosed by the appellants in the regular books of account maintained and no opportunity was prov


















































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