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2004 Supreme(Del) 719

B.C.PATEL, BADAR DURREZ AHMED
AMITY HOTELS PRIVATE LIMITED – Appellant
Versus
COMMISSIONER OF INCOME-TAX, DELHI – Respondent


Advocates Appeared:
PAVAN CHAUDHARY, R.D.Jolly, Rashmi Chopra, S.C.Sharma

B. C. PATEL,cj.

( 1 ) THESE petitions are preferred by different assessees questioning the issuance of notices by the Assessing Officer under Section 158 bd of the Income-Tax Act, 1961 (hereinafter referred to as the Act ). It transpires that in accordance with the provisions contained in the Act, namely, under Section 131, the search and seizure operation was carried out in respect of M/s Bharat Lottery Agency and its proprietor Shri Praveen Kumar Jolly on 23. 06. 1999. It is also indicated in the petition that the residential premises of the said Shri praveen Kumar Jolly was searched. It is in view of this search and seizure of the books of accounts, that a report was submitted by the raiding party. It transpires that on the basis of this Appreciation Report, action has been initiated against all these petitioners. Section 158 BD being relevant is quoted hereunder:-

"undisclosed income of any other person 158 BO. Where the Assessing officer is satisfied that any undisclosed income belongs to any person, other than the person with respect to whom search was made under section 132 or whose books of account or other documents or any assets were requisitioned under section 132a, the




















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