Law:

Section:

- Section 132(1) and (5) - Income-tax Act, 1961 CASES REFERRED TO Laxmipat Choraria v. K.K. Ganguli [1971] 82 ITR 306 (Cal.), K.E. Johnson v. Laxmipat Choraria [1974] 93 ITR 489 (Cal.), CIT v.Ramesh Chander [1974] 93 ITR 450 (Punj.), Gian Chand v. State of Punjab [1962] AIR 1962 SC 496, Krishnan Sukumaran v.Enforcement Officer, Cochin [1968] AIR 1968 Ker 208 and Pannalal v. ITO [1974] 93 ITR 480 (MP). ORDER Malimath, J.-The petitioner, Messrs. Bafna Textiles, represented by its partner, has challenged in this writ petition the order dated March 6, 1973, passed by the Income-tax Officer (Assessment-4), Circle II, Bangalore, under section 132(5) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), by which a sum of Rs. 1 lakh belonging to the petitioner has been retained. 2. On the 6th of December, 1972, one Shri Mahendra Kumar was carrying cash of Rs. 1 lakh when he was apprehended by the Central Excise Authorities at Salem, near Valaypatty and the cash of Rs. 1 lakh found on the person of Shri Mahendra Kumar was seized. On the 8th of December, 1972, the Commissioner of Income-tax for Mysore at Bangalore issued a warrant of authorisation under section 132(1) of the Act and rule 112(1) of the Income-tax Rules, 1962 (hereinafter referred to as "the Rules") to Shri V. Kalyan Sundaram, I Income-tax Officer, Circle II, Salem-4, to search and seize the money of Messrs. Bafna Textiles, C. S. Street, Bangalore, which represents the income which has not been disclosed for the purpose of the Income-tax Act and which he has reason to suspect is to be found at the office of the Assistant Collector of Central Excise, Salem. In response to the aforesaid warrant of authorisation, the authorised officer seized Rs. 1 lakh from the office of the Assistant Collector of Central Excise, Salem. It is not disputed that, though the cash of Rs. 1 lakh was seized by the excise authorities from the person of Shri Mahendra Kumar, the said amount belongs to the petitioner. The petitioner's advocate, Shri J. Jeshtmal, was addressed a letter by the Assistant Collector of Central Excise, Salem Division, Salem-7, on the 14th of December, 1972, whereby he was informed that Rs. 1…

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