9911796707
|
Home
Issues:
1. Validity of search and seizure operation by Income-tax Department. 2. Existence of warrant of authorisation for search and seizure. 3. Jurisdiction of the Commissioner to authorise asset requisition. 4. Conditions precedent for action under section 132 of the Income-tax Act. 5. Legal grounds for restraining proceedings under section 132(5) of the Act. Analysis: 1. The petitioners in Writ Petition No. 993 and 994 sought to quash the search and seizure operation conducted by the Income-tax Department on September 2, 1992. They claimed that the seizure was done without fulfilling the necessary conditions under section 132A of the Income-tax Act, 1961. The petitioners argued that a part of the seized money belonged to them and should be released. However, the court declined to delve into the factual disputes regarding ownership of the money, stating that such matters should be addressed in proceedings under section 132(5) of the Act. 2. The petitioners contended that there was no valid warrant of authorisation for the search and seizure operation, citing previous cases to support their argument. They claimed that the seizure made by the police authorities rendered the subsequent seizure by income-tax authorities illegal. The court noted that the presence of a valid authorisation in the names of specific individuals was sufficient, leaving the question of possession and ownership of the seized money for determination in appropriate proceedings under the Act. 3. The jurisdiction of the Commissioner to authorise asset requisition was questioned by the petitioners, who argued that there was no material on record justifying the issuance of the warrant of authorisation. Citing relevant case law, the petitioners emphasized the importance of having a rational basis for forming a belief regarding undisclosed income. The court examined the records presented by the Revenue and found that the conditions precedent for issuing the warrant of authorisation were satisfied, thereby upholding the validity of the authorisation. 4. The petitioners raised concerns regarding the conditions precedent for action under section 132 of the Income-tax Act, emphasizing the need for specific information to justify the exercise of powers under the Act. The court acknowledged the importance of meeting these conditions before invoking such powers, as highlighted in previous judgments. It held that the warrant of authorisation in this case was not illegal based on the available information. 5. The petitioners also sought to restrain the respondents from proceeding under section 132(5) of the Act, apart from challenging the validity of the warrant of authorisation. The court deemed this relief unsustainable, stating that such grounds could be addressed more effectively in proceedings under section 132(5) of the Act. Additionally, since the statutory period had elapsed, the court ruled that the petitioners were not entitled to the requested relief. Consequently, both writ petitions were dismissed, with costs imposed on the parties, and the stay order was vacated.
|
