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Case Law Details

Case Name : Moin A Qureshi Vs CIT (Delhi High Court)
Appeal Number : Writ Petition (Civil) No. 4824/2017
Date of Judgement/Order : 28/08/2018
Related Assessment Year :
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Moin A Qureshi Vs CIT (Delhi High Court)

This writ petition by Moin A. Qureshi (the petitioner for short) assails the order dated 12th May, 2017 under Section 245D(2C) of the Income Tax Act, 1961 (Act, for short) whereby the Income Tax Settlement Commission, New Delhi (ITSC, for short) has rejected the settlement application filed by the petitioner as invalid.

2. This is the third round of litigation in the High Court from orders passed by the ITSC. The petitioner had earlier filed Writ Petition (C) No. 4900/2015 challenging order of the ITSC dated 24th February, 2015 and Writ Petition (C) No. 8101/2015 impugning orders of the ITSC dated 4th June,2015 and 26th June,2105, which petitions were allowed by the High Court vide the orders dated 18th May,2015 and 13th April,2017, respectively, with remand to the ITSC for a fresh decision.

3. To curtail prolixity, we would refer to only relevant and material facts. The petitioner, it is claimed and stated, was/is engaged in business of manufacture and export of omasum and cattle casing, by-products of animal husbandry, as a sole proprietor of M/s Abdul Majeed Qureshi. Petitioner is also a director in AMQ Agro India Private Limited (AMQ Agro, for short), in which he and his wife Nasreen Moin Qureshi, hold majority (85%) shares. AMQ was/is entirely engaged in exports and its registered office was/is the residence of the petitioner located at C-134, Defence Colony, New Delhi.

4. On 15thFebruary, 2014, search and seizure operations under Section 132 of the Act were conducted at various business and residential premises of the petitioner. The search had concluded on 19th April, 2014. Survey under Section 133A of the Act was also carried out at different premises.

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