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2024 Supreme(Gau) 718

KAUSHIK GOSWAMI
Pawan Kumar Garg S/o Kedar Nath Agarwal – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A. Saraf.

ORDER :

1. Heard Dr. A. Saraf, learned Senior Counsel assisted by Mr. P.K. Bora, learned counsel for the petitioner and Mr. S.C. Keyal, learned Standing Counsel for the Income Tax Department, Government of India appearing for all the respondents.

2. The present writ petition has been filed by the petitioner challenging the illegal search and seizure conducted at the residential premises of the petitioner on 02.12.2020 and the impugned notices dated 29.12.2020, 05.01.2021, 21.01.2021 and 28.01.2021, issued by the respondent No. 3, on the ground that the same is absolutely illegal and without jurisdiction and in violation of the mandatory provisions of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’)

3. The facts of the case is that the petitioner is an assessee under the Income Tax Act, 1961 and is regularly filing income tax returns and discharging tax liabilities by paying income tax and TDS. A search and seizure operation was conducted by the Additional Director of Income tax (Investigation) and his team at the residential premises of the petitioner on 4-12-2020 on the basis of the authorization dated 4-12-2020 issued by the Principle Director of Income Tax (Investigatio

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