2006 (11) TMI 274

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..... ction 132 of the Income-tax Act on 29-12-1998 for which common search warrant was issued and also common Panchnama was drawn in respect of M/s. Anjuga Chit Funds (P.) Ltd., and M/s. Anjuga Finance Investments. Aggrieved, the assessee is in appeal before us. 3. The learned Counsel for the assessee submitted that since a common warrant was issued in the joint names of two persons by a common authorized officer and common supporting staff, the warrant is not valid and also common Panchnama was drawn in the case of the above two parties and that Panchnama was also invalid. He further submitted that the term used in sections 132, 158BA, 158BC, 158BD and Explanation to section 158BE and also in the grafted provisions of Criminal Procedure int .....

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..... g Officer. On this ground also, the assessee cannot agitate. The assessee can challenge only the assessment order passed under section 158BCread with section 143(3) or 144 of the Income-tax Act as the case may be. He further submitted that section 132 is a self-code and the action under section 132 of the Act cannot be appealed against before the ITAT. At best, he can have the writ jurisdiction before the Hon'ble High Court. He submitted that the ITAT, cannot assume the power of High Court suo moto. 5. We have heard the rival submissions and perused the material on record. Section 132(1) authorizes competent authorities to issue an authorization by which the officers named in the authorization had the following powers:- (i) To enter and .....

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..... a warrant of authorization has to be in the prescribed form, mentioning the person to whom it is being issued and filing up of other contents therein. In the instant case, the warrant of authorization mentions names of two assessees who are concerned with the undisclosed income and whose premises were to be searched in connection with their undisclosed income. When it is not clear whether one or more persons are in occupation and control of the premises, the authorities have to issue authorization against all the known persons who may be the owners or possessors of articles in the premises. For this purpose, we draw support from the judgment of Hon'ble Karnataka High Court in the case of Southern Herbals Ltd v. Director of Income-tax [1994 .....

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