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2011 Supreme(Bom) 1444

B.P.DHARMADHIKARI, A.P.BHANGALE
Spacewood Furnishers Pvt. Ltd. – Appellant
Versus
The Director General of Income-tax – Respondent


Advocates Appeared:
For the Petitioners:C.J. & S.C. Thakar with S.N. Bhattad, Advocates.
For the Respondents:Anand Parchure, Advocate.

Judgment :-

B.P. DHARMADHIKARI, J.

1. By this petition filed under Article 226 of Constitution of India, petitioner No. 1 – A Company under Companies Act, 1956, and petitioner Nos. 2 & 3, who are its Directors, have prayed for quashing of the warrant of authorization for conducting search, issued under Section 132 of Income-Tax Act, 1961, (hereinafter referred to as the Act) and consequential action thereafter in issuing notices under Section 153A of the Act, thereafter for the assessment years 2004-05 to 2009-10. The search operations have been carried out from 19th June 2009 to 21st July 2009. The matter was directed to be listed for final hearing by orders of this Court dated 22nd July 2011, in the week commencing from 22nd August 2011. The short contention is about absence of any material, warranting such search action.

2. Accordingly, we have heard Shri Thakkar with Shri Bhattad, learned counsel for the petitioners and Shri Parchure, learned counsel for the respondents.

3. Shri Thakkar, learned counsel has urged that the petitioners are regular in paying income-tax, in filing return and have produced books of accounts and supplied all information as and when demanded. In this





















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