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2017 Supreme(Raj) 274

MOHAMMAD RAFIQ
Kamal Mohan Gupta – Appellant
Versus
Additional Director Income Tax, DIT Unit 1(1) AIU – Respondent


Advocates Appeared:
For the Petitioners: Mr. Gunjan Pathak
For the Respondents: Ms. Mahi Yadav for Mr. Sameer Jain

Order :

1. This writ petition has been filed by Mr. Kamal Mohan Gupta and Mr. Chander Prakash Soni praying for issue of writ of mandamus directing respondents to complete the proceedings if any pending in the matter of petitioners with immediate effect, upon their successfully demonstrating the source of seized assets and to release the stock in trade being the gold studded jewellery belonging to the petitioners and also grant interest in terms of Section 132B(4)(a) of the Income Tax Act, 1961, with further direction to the respondents to grant interest to the petitioners under Section 244A of the Income Tax Act, 1961 and compensate them towards the costs for the entire proceedings from the date of seizure.

2. Mr. Gunjan Pathak, learned counsel for petitioners, submitted that petitioner no.1 is a common agent of gold jewellery, who upon approval of samples, takes orders of the clients for various studded and non-studded jewellery items. He, being working agent, regularly takes goods, such as, studded jewellery or non-studded jewellery, along with other items from various jewellers and travels to various locations for marketing of the goods upon which he procures orders from parties l
















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