1983 (5) TMI 1 - HC - Income Tax

Summary

Issues Involved:
1. Validity of proceedings u/s 132A regarding the sum of Rs. 4,63,000.
2. Validity of proceedings u/s 132 regarding the sum of Rs. 17,353 and books of account seized on December 30, 1981.
3. Challenge to the order dated February 4, 1982, u/s 281B of the Act.

Summary:

1. Validity of proceedings u/s 132A regarding the sum of Rs. 4,63,000:
Vinod Kumar Jaiswal was detained with Rs. 4,63,000 by the Govt. Railway Police on suspicion, and the Commissioner issued a requisition u/s 132A(1) to seize the money. The court examined whether the Commissioner had valid information to believe that the money represented undisclosed income. The Commissioner's belief was based on the facts that Vinod Kumar had no documents for the money and was not listed in the General Index Register of Income-tax assessees. The court found that mere possession without documents did not justify the belief that the money was undisclosed income. Thus, the condition precedent for exercising power u/s 132A was lacking, rendering the requisition without jurisdiction.

2. Validity of proceedings u/s 132 regarding the sum of Rs. 17,353 and books of account seized on December 30, 1981:
The IAC authorized a search of Rajendra Kumar Pandey's residence, resulting in the seizure of Rs. 17,353 and books of account. The court scrutinized whether the condition precedent for such authorization was met. The respondents failed to provide sufficient material justifying the search and seizure. The court noted that the books of account had been seen by an Income-tax Inspector the previous day, which contained entries about the amounts. Therefore, the court concluded that the seizure was without authority of law.

3. Challenge to the order dated February 4, 1982, u/s 281B of the Act:
The order u/s 281B was issued after the Railway Magistrate directed the return of the money to Rajendra Kumar Pandey. The court set aside the Magistrate's order, permitting the I.T. Department to take possession of the money. The challenge to the validity of the order dated December 4, 1982, was not pressed during the hearing, and the court refrained from expressing any opinion on it.

Conclusion:
The court quashed the authorisation made by the CIT u/s 132A and the proceedings in consequence thereof. It also declared the seizure of books and Rs. 17,353 on December 30, 1981, as contrary to law, directing their return to the petitioners. The petition was allowed with costs awarded to the petitioners.