9911796707
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Issues:
1. Search conducted by income-tax authorities declared illegal. Analysis: The petitioners, a firm engaged in textile business, challenged the search conducted by income-tax authorities at their premises as illegal. The main issue for consideration was whether the search was conducted in violation of relevant provisions. The petitioners sought various reliefs, including declaring the search illegal and directing the authorities to give possession of the premises back to the petitioners. The key contention raised by the petitioners was that the Commissioner had no basis to believe that the firm possessed undisclosed income or property, as they had been compliant with tax obligations and had not been issued any notice for finalizing assessment for the relevant year. The Commissioner, on the other hand, defended the search, stating that he had valid information about undisclosed stock of textile goods held by the firm, which justified the search operation. The Commissioner asserted that the search was conducted in good faith and based on concrete information. The court reviewed the records and found that the Commissioner had sufficient grounds to issue the authorization for the search. The court emphasized that the law does not mandate communicating the reasons for search to the concerned party, as long as the circumstances for the authorization existed at the time of issuance. Another argument raised by the petitioners was that the authorized officers conducting the search did not apply their minds properly and blocked access to other businesses in the building, causing disruption. The petitioners alleged misconduct by the officers, leading to business paralysis for related firms. However, the officers and the Commissioner refuted these allegations, asserting that they acted in good faith and denied any misbehavior. The court noted that serious allegations of misconduct cannot be determined solely based on affidavits and in the absence of concrete evidence to support the claims, rejected the argument of mala fide conduct by the officers. Ultimately, the court dismissed the original petition, ruling in favor of the income-tax authorities. The court found that the search was conducted lawfully based on valid information, and the allegations of misconduct were not substantiated. No costs were awarded in the case.
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