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TMI Blog1967 (1) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. So far as the firm is concerned, the assessments for four years 1962-63, 1963-64, 1964-65 and 1965-66 are pending, that is to say, the returns having been filed they are awaiting scrutiny by the Department. It is not clear from the affidavits filed whether the firm has filed its return of the current assessment year 1966-67. The accounting year of the firm is the year commencing from 1st July and ending with the 30th of the immediately succeeding month of June. 4. On 11-10-1966, searches were conducted at various offices of the firm and residences of its partners by the officers of the Income-tax Department pursuant to authorisations by the Commissioner of Income-tax (Central), Madras, the 3rd respondent in the petition, issued under Section 132 of the Income-tax Act, 1961. The residence of the 1st petitioner Venkatareddy at No. 20 (1), Sir M. N. Krishna Rao Road, Basavangudi, Bangalore, was searched by C. R. Sundararajan, Income-tax Officer, Central Circle I, Bangalore, the 1st respondent in the petition. The search of the business premises of the firm at No. 14 Second main Road, Taragupet, was conducted by M. M. Kurup, Income-tax Officer, Central Circle II, Bangalore, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he search at business premises of the firm at Taragupet, Annexure H to the search conducted at the business premises of the firm at the Infantry Road, and Annexure J to the search conducted at the residence of Munireddy on Nanjappa Road, Shantinagar, Bangalore. Items Nos. 76, 77 and 78 in Annexure F were three sealed packets containing documents of which a detailed inventory could not be prepared at the search for want of time. They were subsequently opened under orders of this Court dated 5-12-1966, made on I. A. No. IV filed on 2-12-1966, in the presence of the III Deputy Registrar of this Court, and a detailed inventory was prepared and filed into Court. In terms of the order, one copy of the inventory was given to the Department and another to the petitioners. The prayer in I. A. No. III was also granted with the direction that books and papers should be produced at the hearing and whenever called upon by this Court, recording at the same time the undertaking of the Department that till the disposal of this Writ petition, there will be no interrogation of the petitioners in respect of the contents of those documents. 7. Pursuant to the direction of this Court and the underta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sprudence as an over-riding power of the State for protection of social security and other public interests,--the said power, however, being controlled or regulated by law. 12. In India, the best example we have of the statutory power of search and seizure and the regulation thereof by the statute is the power under certain sections of the Code of Criminal Procedure. Apart from the power of search and seizure in relation to particular matters or in special circumstances, the general provision we have is the one made in Section 96 of the Code of Criminal Procedure Code - Section 96. Under the said section, where any Court has reason to believe that a person to whom a summons or order or a requisition has been or might be addressed, will not or would not produce the document or thing as required by such summons or requisition, or where such document or thing is not known to be in the possession of any person, or where the Court considers that the purposes of any enquiry, trial or other proceeding under the Code will be served by a general search or inspection, it may issue a search warrant, Section 97 empowers the Court which issues a search warrant to restrict the same in such ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or things to be seized. The Supreme Court pointed out that the whole idea conveyed or all the ideas conveyed by the American IV Amendment has not or have not been incorporated in our Constitution and that therefore there is no justification to import it into a totally different fundamental right by some process of strained construction. It may, however, be noted that the first part of the IV Amendment providing against what are described as unreasonable searches and seizures may be regarded as sufficiently dealt with or accepted by the formulation and statement of fundamental rights under Articles 14, 21 and 31(1) and also certain attributes of personal liberty enumerated in Article 19 as fundamental rights, as appears from certain subsequent rulings of the Supreme Court, to which we shall presently refer. The specific decision in that case was that searches under or pursuant to a warrant under section 96 of the Code or Criminal Procedure did not involve any violation of the protection against testimonial compulsion guaranteed by the fundamental right under Article 20(3) or of the fundamental right of acquiring, holding and disposing of property guaranteed under Article 19(1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an obstruction to the search conducted by an Excise Officer in disregard of the provisions of section 165 of the Code of Criminal Procedure which applied to the situation did not constitute any offence whatever. In Durga Prasad v. H. R. Gomes (1966) 2 SCJ 665 : (AIR 1966 SC 1209) the Supreme Court examined the legality of a search conducted under Section 105 of the Customs Act. That section empowers the Assistant Collector of Customs either himself to search or authorise an officer to search for goods, documents or things, if he has reason to believe that any goods liable to confiscation or any documents or things which, in his opinion, will be useful for or relevant to any proceedings under the Act are secreted in any place; the provisions of the Code of Criminal Procedure are made applicable to such searches so far as any be, with the modification that in sub-section (5) of S. 165, the word 'Magistrate' wherever it occurs is substituted by the words Collector of Customs. Their Lordships rejected the argument that any specification or description of the documents in advance in the authorisation was essential but held that the search may be regarded as a general search (li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ression that the taxation laws were controlled only by Article 265 of the Constitution and that the said Article did not enshrine any fundamental right. But the position has been clarified by the Supreme Court in later decisions and the principle clearly laid down that the taxation laws are also laws which must pass the test of being in accord with, and not violative of, the fundamental rights guaranteed under Part III of the Constitution. 20. In dealing with taxation laws inclusive of provisions not merely for assessment and collection of taxes but also of such provisions as those for searches and seizures the principal Articles in Part III of the Constitution which arise for consideration are Articles 14, 19, 21 and 31(1). Article 14 guarantees to every person throughout the territory of India equality before the law or equal protection of the laws. Article 21 states that no person shall be deprived of his life or personal liberty except according to procedure established by law. Article 19 enumerates certain special attributes of larger right of personal liberty. Article 14, it is now well established does not prohibit class legislation or legislation governing a particular d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case reported in Khandige Sham Bhat v. Agricultural Income-tax Officer Kasaragod, (1962) 48 ITR (SC) 21 = (AIR 1963 SC 591). At p. 27 of the Report (ITR): (at p. 594 of AIR) their Lordships state: But in the application of the principle, the Courts, in view of the inherent complexity of fiscal adjustment of diverse elements, permit a larger discretion to the legislature in the matter of classification so long it adheres to the fundamental principles underlying the said doctrine. The power of the legislature to classify is of wide range and flexibility so that it can adjust its system of taxation in all proper and reasonable ways. 23. In the case of Kharak Singh, , there was a difference of opinion among the learned Judges as the relative position of Articles 19 and 21 of the Constitution the majority taking the view that Article 21 deals with the residue of personal liberty after carving out from its general content the particular instances of personal liberty set out in Article 19 and the minority expressing the opinion that there is no such carving out a portion from out of the general right set out in Article 21 but that the two Articles must be regarded as two indep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recommended that with a view to avoid or prevent evasion, it was essential to confer such powers on the Income-tax authorities. It is pursuant to their recommendation that Section 37 of the Income-tax Act, 1922 - Section 37 was recast. The section so recast reads as follows: 37 Powers of Income-tax authorities--(1) The Income-tax Officer, Appellate Assistant Commissioner, Commissioner and Appellate Tribunal shall for the purposes of this Act, have the same powers as are vested in a Court under the Code of Civil Procedure Code,1908 (5 of 1908), when trying a suit in respect of the following matters, namely: (a) discovery and inspection. (b) enforcing the attendance of any person including any officer of a banking company and examining him on oath; (c) compelling the production of books of account and other documents; and (d) issuing commissions. (2) subject to any rules made in this behalf, any Income-tax Officer specially authorised by the Commissioner in this behalf may,-- (i) enter and search any building or place where he has reason to believe that any books of account or other documents which in his opinion will be useful for, or relevant to, any proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3-1965. The Act also made certain further changes in the Section. The Section as it now stands, which is the one for detailed considerations in this case, reads as follows: 132 Search and seizure,-- (1) Where the Director of Inspection or the Commissioner in consequence of information in his possession, has reason to believe that-- (a) any person to whom a summons under sub-section (1) of Section 37 of the Indian Income-tax Act, 1922 (11 of 1922) or under sub-section (1) of Section 131 of this Act, or a notice under Sub-section (4) of Section 22 of the Indian Income-Tax Act 1922, or under sub-section (1) of Section 142 of this Act was issued to produce, or cause to be produced, any books of account or other documents has omitted of failed to produce or cause to be produced, such books of account, or other documents as required by such summons or notice, or (b) any person to whom a summons or notice as aforesaid has been or might be issued will not, or would not, produce or cause to be produced any books of account or other documents which will be useful for, or relevant to, any proceeding under the Indian Income-tax Act, 1922 (11 of 1922), or under this Act, or (c) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd any statement made by such person during such examination may thereafter be used in evidence in any proceeding under the Indian Income-tax Act, 1922 (11 of 1922) or under this Act. (5) Where any money, bullion, jewellery or other valuable article or thing (hereinafter in this section and S. 132A referred to as the assets) is seized under sub-section (1), the Income tax officer, after affording a reasonable opportunity to the person concerned for being heard and making such enquiry as may be prescribed, shall, within ninety days of the seizure, make an order, with the previous approval of the Commissioner,-- (i) estimating the undisclosed income (including the income from the undisclosed property) in a summary manner to the best of his judgment on the basis of such materials as are available with him; (ii) calculating the amount of tax on the income so estimated in accordance with the provisions of the Indian Income tax Act, 1922 (11 of 1922) or this Act; (iii) Specifying the amount that will be required to satisfy any existing liability under this Act and any one or more of this Acts specified in clause (a) of sub-section (1) of Section 230-A in respect of which such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resence of the authorised officer or any other person empowered by him in this behalf, at such places and time as the authorised officer may appoint in this behalf. (10) If a person legally entitled to the books of account or other documents seized under sub-section (1) objects for any reason to the approval given by the Commissioner under sub-section (8), he may make an application to the Board stating therein the reasons for such objection and requesting for the return of the books of account or other documents. (11) If any person objects for any reason to an order made under sub-section (5), he may, within thirty days of the date of such order, make an application to such authority, as may be notified in this behalf by the Central Government in the Official Gazette (hereinafter in this section referred to as the notified authority), stating therein the reasons for such objections and requesting for appropriate relief in the matter. (12) On receipt of the application under sub-section (10) the Board, or on the receipt of the application under sub-section (11) the notified authority, may, after giving the applicant an opportunity of being heard, pass such orders as it thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he special provisions, viz., prevention of tax evasion. That is of importance because it is with reference to it that the reasonableness of the classification for purposes of Article 14 of the Constitution has to be examined. In fact, it is on this footing that the arguments on both sides have been addressed on the question of the constitutionality of section 132 of the Act under or in relation to Article 14 of the Constitution. 30. The arguments on behalf of the petitioners in this regard are principally two-fold. In the first place, it is contended that the impugned section deals with the same class of tax evaders as are sought to be dealt with under other relevant provisions of the Income-tax Act like section 147 of the Act of 1961, corresponding to S. 34 of the Act of 1922, and that because the impugned section picks out for special treatment some assessees from out of the general class of tax evaders and imposes on them a more drastic and more onerous type of procedure, the section must be struck down as manifestly discriminatory and thus violative of Article 14 of the Constitution. Secondly, it is stated that the section is wholly devoid of any guidance to the authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was sought to be made by the section appears to have been mooted before the Court, it does not appear that the argument was developed or pursued except against the background of the relative positions of sub-section (1) and (2) of Section 37. The learned Judges, who upheld the constitutionality of the said section, were clearly of the opinion that the powers under sub-section (2) were intended to be exercised and could properly be exercised only in cases where it was apprehended that the exercise of normal powers under sub-section (1) would not yield the desired result of subjecting to tax income, the tax in respect of which was sought to be evaded or was apprehended might be evaded. At the time the action impugned in the Calcutta case was taken, the rules referred to in section 37(2) had not been formed; nevertheless, the Calcutta High Court rejected the argument that the power under Section 37(2) could not be exercised in the absence of the rules and held that even in the absence of the rules, the section, in the light of the obvious policy or objective underlying the same, contained sufficient guidance to the authorities in the matter of deciding whether a particular case was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -section (1) would not help to achieve the purpose of preventing evasion. If we may say so with respect, the following observations made by Naidu, J. of the Assam High Court appear to miss the above essential feature bearing upon the reasonableness of the classification for the purpose of Article 14: It is clear that both section 37 (1) and 37(2) of the Act deal with the production of the documents, account books, etc., required in connection with any proceeding under the Act, for the purpose of the Act, namely, the proper assessment of the income-tax leviable on and payable by any person liable for such levy and payment. Both the provisions cover the same subject and answer the same purpose and are capable of being employed against probable income-tax assessees fulfilling the policy of the Act namely to secure correct assessment of the income-tax payable and to prevent the evasion of Income-tax. (Vide para 55 at page 16 of AIR 1964 Assam 1 (FB)). We are also unable to see the logic of the reasoning in the next succeeding paragraph of the judgment wherein it is stated that whereas for purpose of exercising the powers under sub-section (1) guidance can be sought from th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n has to a substantial extent evaded payment of taxation on income, together with such material as any be available in support of such belief and any at any time before the first day of September 1948 apply to the Commission for the withdrawal of any case of points in a case thus referred..... 5 (4) If in the course of investigation into any case or points in a case referred to it under sub-section (1), the Commission has reason to believe : (a) that some person other than the person whose case is being investigated has evaded payment of taxation on income, or (b) that some points other than those referred to it by the Central Government in respect of any case also require investigation, it may make a report to the Central Government stating the reasons for such belief and, on receipt of such report, the Central Government shall, notwithstanding anything contained in sub-section (1), forthwith refer to the commission for investigation the case of such other person or such additional points as any be indicated in that report. Other section of the Act gave vast powers to the Commission set up under section 3 of the Act. Apart from being authorised to collect material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me-tax Amendment Act, 1954 (33 of 1954), was passed whereby S. 34 of the Indian Income-tax Act was amended by inserting new sub-sections (1-A) to (1-D). These amendments made it possible to ascertain the class of substantial evaders referred to in sub-section (1) of Section 5 of Act 30 of 1947. 41. The result of this amendment was that the class of assessees evading tax sought to be dealt with under sub-section (1) of Section 5 of Act 30 of 1947 became incorporated into Section 34 of the Indian Income-tax Act, 1922. Consequently, on the reasoning in Mohta's case, cited above, subsection, (1) of Section 5 was struck down as unconstitutional in the case of Shree Meenakshi Mills Ltd. . The same view was taken by the majority in the case of Muthiah . 42. The difference in principle becomes clear from another decision of the Supreme Court reported in T. K. Musaliar v. Venkatachalam, . In that case, their Lordships dealt with the Travancore Taxation of Income (Investigation Commission) Act which was pari materia with the Indian Act 30 of 1947. But the position in the Travancore case was that whereas Section 34 of the Indian Income-tax Act, 1922, underwent the amendments of 1955 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and seize any such books of account or documents, money, jewellery or other valuable article or thing found as a result of the search. The searching officer is also empowered by the section to examine any person on oath at the time of the search who is found to be in possession or control of any book, document, money, etc. The provision made in the section for the period of retention of the books or documents goes to show that they are to be used in evidence in connection with any assessment proceedings under the Act and that they are to be returned after the said purpose is served. The money, bullion, jewellery or other valuable article or thing seized at the search is to be dealt with under sub-sections (5) and (6) of the Section. The general effect of the said sub-section is that an estimate of undisclosed income is to be made in a summary manner to the best of his judgment by the assessing Income-tax Officer and that only so much of the said assets are to be retained as are in his opinion sufficient to satisfy any existing liability for payment of tax and an estimated liability for payment of tax and in respect of the undisclosed income: the balance has to be returned. Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as evidence produced in the normal way. 48. The only question is whether a further classification of evaders for the purpose of exercising special powers of eliciting evidence as aforesaid is a classification which is not sanctioned by Article 14 of the Constitution. For this purpose, as already stated, the starting point of enquiry is what is the object of this legislation. The answer, as already given, is prevention of evasion. That attempts to prevent evasion are or may be in the nature of what is called plugging the loopholes in the law is not and cannot be disputed. The way in which the law seeks to prevent evasion is to make it impossible or more difficult for evaders to pursue several ways in which tax could be evaded. One of the ways certainly is the withholding of evidence on the basis of which a correct computation of income for assessment may be made and the correct amount of tax ascertained. Steps taken therefore to prevent or frustrate attempts to withhold evidence and to get hold of evidence which is sought to be withheld from or made unavailable to the assessing authority would surely be one of the legitimate methods in which the law could seek to prevent evasion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acquisition. No such actual computation on the basis of the presumption is permissible under sub-section (5) of the impugned Section 132. The estimation, as already pointed out, is only for the purpose of determining the amount to be retained to go in satisfaction of the existing or anticipated tax liability. 50. Regarding the application of the assets towards existing liability, it is contended that the assessee is sought to be deprived of the benefit of a notice of demand under Section 156 and of the time for payment provided under Section 220 of the Act. But the argument is unavailable because the existing liability referred to in sub-section (5) of Section 132 is a liability in respect of which the person concerned is already in default or can be deemed to be in default which clearly gives him the benefit of Section 220. 51. As to the provision made for retention of the assets to go in discharge of anticipated tax liability in respect of undisclosed income, the question is whether there is any departure from the normal procedure in disregard of the mandate of Article 14. In one sense, it appears to be not far different from the normal provisions for advance payment of tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion with the object of the law. 53. This answers the first part of the arguments in relation to Article 14 of the Constitution. 54. We shall now proceed to examine the second part of the argument dealing with the alleged arbitrary nature of the powers under Section 132 and the alleged absence of guidance therein leading to unconstitutional discrimination. 55. This second part of the arguments appears to us to be weaker than the first one. Even with reference to old Section 37(2) which did not clearly specify the circumstances in which the powers thereunder may be validly exercised, the Calcutta High Court had, as already stated, taken the view that the policy of the statute and the clear purpose underlying the special provisions were sufficient to indicate that those special powers were expected to be and could validly be exercised only in cases where it was apprehended that the exercise of the powers under sub-section (1) of Section 37 would not yield the desired result of preventing evasion of tax. The present section 132 clearly states the circumstances in which and the conditions subject to which the powers thereunder are to be used. There can be little doubt that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r argument that the section does not make it necessary or obligatory for the authorising officer to specify or particularise the documents or that it permits of the issue of an authorisation for what may be regarded as a general search need not necessarily lead to arbitrary exercise of the power. In the first place, it may not be possible in the nature of things to give a clear description of the books or documents, item by item by item; secondly, the books and documents to be searched for are described in the section itself as those which will be useful for or relevant to any proceeding under the Act; and thirdly the searching officer is also authorised to seize only such books or documents, that is to say, books or documents which will be useful for or relevant to any proceedings under the Act, which means that the searching officer is also required to apply his mind to the question of usefulness or documents, as the case may be. 58. The same or similar application of the mind by the searching officer is required when he makes up is mind to seize any money, bullion or jewellery or the like. He could do so only if he believes prima facie that the said money or articles represen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itled to ask for an opportunity to cross-examine any person whose statement on oath has been recorded by the officer in the course of further enquiry under sub-rule (3) and also to call as a witness any person from whom the officer might have gathered material or any other person who may be in a position to speak to the value or veracity of such material. 59. An order made by the officer under sub-section (5) is subject to correction by the prescribed authority under sub-section (11) of Section 132. 60. Over and above all these safeguards, the action taken or orders made under Section 132 are really in the nature of interlocutory orders in aid of the ultimate order of assessment or reassessment which may be made under the other normal provisions of the statute, in respect of which the assessee has the normal right of appeal, second appeal, and reference to High Court. 61. So far as the conduct of the search itself is concerned, three is the general provision in sub-section (13) of Section 132 to the effect that the provisions of the Code of Criminal Procedure relating to searches ad seizures shall apply, so far as any be, to searches and seizures under sub-section (1) of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leged and is proved. Ordinarily, in the case of high ranking officers functioning under statutes and discharging statutory duties, bias is not to be presumed because they are expected to act with a sense of responsibility appropriate to their position and duties which the statutes impose on them. Wherever personal bias is proved and wherever an officer acts in disregard of his statutory responsibility and issues an authorisation without satisfying himself about the preliminary conditions required by the particular statute, such whimsical act on his part is certainly open to correction by the High Court under Article 226 of the Constitution. 65. We are not therefore satisfied that the safeguards provided in Section 132 of the Income-tax Act are ineffective, illusory for reason only for the fact that the original authorisations for search are issued by an officer of the Department and not by an independent authority like the Magistrate. 66. We therefore hold that Section 132 of the Income-tax Act, 1961, is not violative of the fundamental right guaranteed under Article 14 of the Constitution. 67. Regarding Article 19, the line of reasoning in the judgment of the Supreme Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the word 'proceeding' in connection with which the books and papers may be retained, contained in the second Explanation to the section. In the said Explanation the proceedings are said to include not merely proceedings pending on the date of the search or completed prior thereto but also proceedings which may be commenced after the date of such search in respect of any year. So far as the pending proceedings are concerned, the retention of books for their purpose may not be and is not to be excessive. The proceedings referred to as those which may be commenced after the date of the search are apparently those relating to reopening of closed proceedings under Section 147 initiated in the light of the result of the search. The only basis for the argument that the period of retention may be conceivably excessive is the use of the words in respect of any year occurring at the end of the Explanation. At first sight, it would appear that the expression 'any year' may take in every subsequent year without any limitation whatever. We do not think, however, that such an extended meaning can be given to the expression as suggested. A reasonable construction should always b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h, such deprivation is in accordance with a valid law. 75. For all these reasons, we hold that the impugned Section 132 of the Income-tax Act, 1961, is neither incompetent nor invalid as infringing any of the fundamental rights guaranteed under Articles 14, 19, 21 and 31 of the Constitution. 76. We come now to the second point in the case, viz., whether the search itself has been conducted without justification and in a high-handed manner. 77. The first point for consideration under this is whether the Commissioner, is issuing the authorisations, can be said to have entertained such reasonable belief as is required by the first sub-section of Section 132. 78. The statement in the authorisations is that he has reason to believe that the circumstances mentioned in clauses (b) and (c) of the first sub-section of Section 132 exist; that is to say, the Commissioner believes that the assessee in this case would not produce or cause to be produced books of account or other documents which will be useful for or relevant to proceedings under the Act, if required or summoned to produce the same, and also that the assessee is in possession of money, bullion, jewellery, etc., which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulation of wealth not explicable on the basis of the income actual returned for assessment. The reports also record information made available to the Department by certain informants. Such information is to the effect that the reported loss of books by fire on two different occasions made by the assessee is not completely true that all the books have not been lost, that some books and papers which may be useful for assessment were still available, and secreted at certain places. It was also mentioned that a secret circular had been issued to all the branches of the assessee-firm immediately to send up to the Head Office all papers and documents in their possession, offering cash bonuses for those who did the work briskly. The informants also pointed to the vast growth of wealth of the firm and its partners and alleged that cash, gold, jewellery, documents relating to purchases of properties, etc., could be found either in the residences of the partners or in bank lockers. 82. The information given by informants to the officers of the Department which was reduced to writing and got signed by them was also made available to us in original. But we do not propose to make use of it f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hink the same principles would apply to the same expression occurring in Section 132 of the Income-tax Act and would indicate the extent of judicial review of the action of the Commissioner of Income-tax in issuing the authorisations for search under the said Section. 85. What the High Court has to examine in such a case would be whether three was in fact information in possession of the Commissioner and whether there is a rational connection between the information and the belief entertained by him. As already explained by us, the information itself, will have to be of a fairly reliable character--whatever may be the source of it,--because unless the information is of such a character, it cannot furnish a reasonable basis for entertaining the belief that any of the circumstances mentioned in the section exists. Secondly, the information must have relevant, bearing on the formation of the belief and must not be extraneous or irrelevant to the purpose of the section. If the High Court is satisfied on these two matters, the adequacy or sufficiency of the grounds will not be a matter for the High Court to investigate. 86. Viewed in this light, the position in this case is that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m or that the circumstances justifying the issue of such authorisations did not at all exist in this case is not well founded. 89. Regarding the manner in which searches themselves had been conducted by the respondents in this case, the allegations contained in the principal affidavit are a little vague and also are not quite accurate. 90. In paragraph 8 of the affidavit it is stated: In respect of the search carried out in my business premises, the first respondent seized about 78 items of documents and about 31 items of articles, and things consisting of jewellery and other items of Bank pass books, and cheque books, etc., consisting of 23 items. The items of jewellery taken by him were also sought to be valued by him. The first respondent in his counter-affidavit stated that he did not search the business premises of the first petitioner at all but only his residence on Krishna Rao Road. He denied as absolutely false the statement that 31 items of articles and things consisting of jewellery and other items of pass books and cheque books consisting of 23 items were seized by him. He also denied the statement that he had seized or taken personal correspondence of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 to 30-6-1960, 56 relate exclusively to the firm and the remaining 9 are described as documents such as partition deeds, gift deeds, which may be relevant to or useful for examining the first mentioned 120 and 71 documents. Of the 53 documents seized at the business premises at Taragupet, 16 are accounts relating to pending assessment, 4 relate to the years 1957 to 1960 showing monetary transactions which may be useful to reopen those earlier assessments, 33 are Hundis, payment and receipt sheets, loose account, etc., none of which relates to a period prior to 1955. 8 out of 11 items, books and documents, seized at the Infantry Road premises, relate to pending assessment and all the 11 relate to the business of the assessee-firm. At the residence of Munireddy at Shantinagar, only 8 papers were seized, of which 7 relate to pending assessments for the year 1962-63 and one relates to the assessment for 1961-62. The last mentioned one consists of four sheets containing inter-branch transfers to the tune of about ₹ 40,000/-. 93. The above analysis shows that the searching officers did apply their mind generally to the question of usefulness or relevancy. By saying so, we do no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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