IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NO. 29309 OF 2012 HEMENDRA RANCHHODDAS ..PETITIONER(S) MERCHANT VERSUS DIRECTOR OF INCOME TAX .. RESPONDENT(S) (INVESTIGATION) MUMBAI & ORS. ORDER S.L.P.(C) No. 29309 of 2012 1. assessee under provisions of Income Tax Act, 1961 (for short, "the Act") is before us, inter alia, questioning correctness or otherwise of judgment and order passed by High Court of Judicature at Bombay in W.P. (C) No. 47 of 2011, dated 02.04.2012. By impugned judgment and order, High Court has sustained proceedings initiated by authorities under Section 132 (1) (b) of Act. Signature Not Verified Digitally signed by 2. In writ petition filed by Charanjeet Kaur Date: 2014.11.10 17:18:17 IST Reason: petitioner, it has questioned warrant of 2 authorization issued by Director of Income Tax (Investigation) under Section 132(1)(b) of Act, dated 20.12.2006 and consequential Assessment Order for assessment years 2001-2002 to 2004-2005, dated 24.11.2003. 3. High Court while rejecting stand of assessee insofar as legality or otherwise of warrant of authorization issued under Section 132(1)(b) of Act has permitted appellant-assessee to question orders of assessment made for relevant assessment years. 4. At time of hearing of special leave petition, Shri Dushyant Dave, learned senior counsel appearing for appellant- assessee would inform us that orders of assessment for aforesaid assessment years were called in question before Commissioner of Income Tax(Appeal) in first appeals. said appeals are already disposed of. Against 3 said order(s), assessee has already preferred second appeals before Income Tax Appellate Tribunal (for short "Tribunal") which are pending as of now. Therefore, Shri Dave would submit that assessee may be permitted to raise contentions insofar as whether Income Tax Authorities could proceed to issue warrant of authorization under Section 132(1) of Act against firm admittedly dissolved "as on date of issuance of authorization". 5. Shri K. Radhakrishnan, learned senior counsel appearing for respondent-Revenue, though had some initial reservation to aforesaid submission made by Shri Dave, but during course of proceedings before us agreed that issue may be allowed to be raised by assessee before Tribunal and Tribunal may be directed to consider same, independently, in accordance with law. 4 6. In view of submissions made by both learned senior counsel, we are of considered opinion that if we grant request of Shri Dave it would not cause any prejudice to respondent-Revenue. 7. In that view of matter without going into other details of case, we dispose of special leave petition permitting petitioner-assessee to raise contentions insofar as whether Income Tax Authorities can proceed to issue warrant of authorization under Section 132(1) of Act against firm, admittedly, dissolved "as on date of issuance of authorization" before Tribunal, if already not raised in memorandum of appeal so filed. Tribunal may consider said question, independently, in accordance with law. 8. assessee may approach authorities 5 for returning/furnishing copies of seized documents appended to warrant of authorization issued under Section 132 (1) (b) of Act. If such representation is made authorities shall consider same in accordance with law. S.L.P. (C) Nos. 31148-31152 of 2013 In view of order passed in S.L.P. (C) No. 29309 of 2012, these special leave petitions are also disposed of in same terms, observations and directions. Ordered accordingly. ...................CJI (H.L. DATTU) ....................J. (MADAN B. LOKUR) ....................J. (A.K. SIKRI) NEW DELHI; NOVEMBER 05, 2014. 1 ITEM NO.4 COURT NO.1 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 29309/2012 (Arising out of impugned final judgment and order dated 02/04/2012 in WP No. 47/2011 passed by High Court Of Bombay) HEMENDRA RANCHHODDAS MERCHANT Petitioner(s) VERSUS DIR.OF I.T(INVESTIGATION) MUMBAI & ORS Respondent(s) (With appln. (s) for permission to file additional documents and stay) WITH SLP(C) No. 31148-31152/2013 (With Office Report) Date : 05/11/2014 These petitions were called on for hearing today. CORAM : HON'BLE CHIEF JUSTICE HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE A.K. SIKRI For Petitioner(s) Mr. Dushyant Dave, Sr. Adv. Mr. Vinay Navare, Adv. Mr. Satyajeet Kumar, Adv. Ms. Abha R. Sharma,Adv. For Respondent(s) Mr. K Radhakrishnan, Sr. Adv. Ms. Purnima Bhat Kak, Adv. Ms. Shalini Kumar, Adv. Mrs. Anil Katiyar,Adv. UPON hearing counsel Court made following ORDER SLP(C) No. 29309 of 2012 special leave petition is disposed of in terms of signed order. 2 SLP(C) Nos. 31148-31152 of 2013 In view of order passed in SLP(C) No. 29309 of 2012, these special leave petitions are also disposed of in same terms, observations and directions. [ Charanjeet Kaur ] [ Vinod Kulvi ] Court Master Asstt. Registrar [ Signed order is placed on file ] Hemendra Ranchhoddas Merchant v. Director of Income-tax (Investigation) Mumbai & Or