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Issues involved: Challenge to validity of action u/s 132 of IT Act, 1961 and jurisdiction of assessing authority.
Summary: The appeal was against the order of the CIT(A), Central, Jaipur following action u/s 132 of the IT Act, 1961. The Tribunal set aside the order and remanded the matter to the AO for fresh decision. The issue of validity of action u/s 132 was raised by the assessee, challenging the conversion of survey into search. The Tribunal allowed the application under s. 254(2) for adjudication. The Tribunal examined the availability of material for action u/s 132, emphasizing the need for satisfaction note. The assessee had also filed a writ petition challenging the search proceedings, which was admitted by the High Court. The Tribunal declined to express an opinion on the existence of material for action u/s 132, as the matter was already before the High Court. The appeal on the ground of validity of action u/s 132 was disposed of accordingly. The High Court's judgment in CIT vs. Smt. Chitra Devi Soni highlighted the jurisdiction of the assessing authority to proceed u/s 132 and the Tribunal's right to examine the material for initiating action. The Tribunal requested the Departmental Representative to produce the satisfaction note for action u/s 132, which was duly submitted. The assessee's writ petition challenging the search proceedings was admitted by the High Court, leading the Tribunal to decline expressing an opinion on the matter. The Tribunal emphasized the discretionary nature of the writ remedy and the need for substantive justice in appropriate cases. The Tribunal's decision was influenced by the pending writ petition challenging the search proceedings, which was admitted by the High Court. The Tribunal refrained from expressing an opinion on the material for action u/s 132, as the matter was before the High Court. The Tribunal highlighted the discretionary nature of the High Court's jurisdiction under Art. 227 of the Constitution and the need for judicial conscience in decision-making. The appeal on the ground of validity of action u/s 132 was disposed of accordingly.
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