Delhi HC order under Section 132(5) of the Income Tax Act

Last updated: 06 June 2011

Court :
High Court

Brief :
The Assistant Commissioner of Income Tax, Investigation Circle (20)(1), New Delhi passed order under Section 132(5) of the Income Tax Act (hereinafter referred to as „the Act‟) dated 02.06.1995 declaring that cash found during search as unexplained and hence, cash seized of `49,86,500/- was retained and not released. Subsequently, vide another order under Section 132(5) dated 19.06.2005, various disputed additions were made and tax and penalty @200% were raised. Therefore, entire silver seized valuing `4,44,66,395/- was retained and not released. We may mention at this state that the Income Tax Department disputed the status of M/s Foto Traders, as according to it, it was an unregistered partnership firm. Therefore, the Department intended to tax income in the hands of this firm. The concerned Assessing Officer (AO) passed the assessment order under Section 143(3) in the name of M/s Foto Traders after making huge additions of 10,49,53,527/- on protective basis.

Citation :
VISHWANATH KHANNA Vs.UNION OF INDIA & OTHERS