Shree Services Vs. Uoi and ors.

- [couto; m.l. pendse, jj.] in the first instance the order passed under s. 132(5) is an order of a summary nature and does not conclude the rights of the petitioners, because while passing the assessment order, it is always open to the petitioners to point out that the assets recovered in the search were not undisclosed to point out that the assetsrecovered in the search were not undisclosed income. secondly, the order passed under s. 132(5) is appealable under the provisions of the act and if there is any violation in the exercise of the power, then the proper remedy is to lodge an appeal before the appellate authority. thirdly, even assuming that there is some breach in exercise of power s. 132(5) such breach is not so fatal as to warrant quashing the entire order. income tax act 1961 s.132 - search and seizure--order under s. 132(5)--validity of--seized assets handed over the commissionerincome tax act 1961 s.132 - search and seizure--reason to believe--commissioner considering extensive information and anonymous petitions and undertaking detailed scrutiny. income tax act 1961 s.132ordershri a.a. desai, j.1. the petitioners have questioned the correctness and legality of order dated 18.5.1987 marked as exh. 'e' to the petition. during the course of hearing, it is realised that the petition raises certain disputed question of facts, which could not be adjudicated in this proceedings under article 226. it is, therefore, expedient to direct the petitioners to go in appeal before the commissioner of appeals and it is open for the petitioners to file such appeal within a period of four weeks from today. the petitioner was bona fide litigating in this court for considerable period of more than 11 years. it would be therefore more expedient in such circumstances that the commissioner of appeals, if the appeal as indicated is filed, within period stipulated, shall decide the same on merit. taking into consideration the rival contentions, the disposal of the appeal shall be within six weeks from the date of filing of the appeal. 2. the petitioners are directed to keep the bank guarantee alive. the deposit of rs. seven lakhs is liable to be retained by the respondents till the disposal of the appeal. the same be retained subject to the decision in the appeal before commissioner of appeal. in view of the directions, the petition is disposed of. 3. no order as to costs.