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TMI Blog2022 (8) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... h on the assessee has been correctly took place. Observations of the ld. CIT(A) that there was no warrant executed at the address mentioned in the ROC record or the other address of the assessee and hence no search was conducted goes against the fundamentals of issue of warrant of authorization u/s 132. It is not necessary that warrant has to be issued only at /on the premises of the registered office of the company or corporate office, factory or godown but a warrant can be authorized to any other place where the issuing authority satisfies and reasons to suspect that the material/evidences pertaining to the assessee have been kept and are to be found. The ld. CIT(A) ignored the provisions of Section 132(1), the proviso under clause (B), provisions of (1A) which clearly deal with the jurisdiction, the premises and the actions that can be taken by the revenue authorities. The decision of the ld. CIT(A) that no search was conducted on the assessee and summarily nullifying the proceedings u/s 153A as ex-facie illegal is devoid of any merit and cannot be sustained. - ITA No. 2270/Del/2018 - - - Dated:- 26-7-2022 - Sh. A. D. Jain, Vice President And Dr. B. R. R. Kumar, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the assessee with the Udhyog Vihar address. In view of these facts, it is conclusively proved that no search was conducted at the premises of the appellant. 6. We have perused the warrant of authorization u/s 132 of the Income Tax Act, 1961 (Warrant No. 4859) wherein the name of the assessee MSG Finance India Pvt. Ltd. has been duly mentioned. The relevant part of the warrant of authorization u/s 132 of the Income Tax Act, 1961 is as under: ----------------If summons under sub-section (1) of Section 37 of the Indian Income-tax Act, 1922 or under sub-Section (1) of Section 131 of the Income Tax Act, 1961, or a notice under sub-section (4) of Section 22 of the Income Income-tax Act, 1922, or under subsection (1) of section 142 of the Income Tax Act, 1961 is issued to xxxx, yyyy, zzzz, ,MSG Finance India Pvt. Ltd., mmmm, gggg [name of the person] to produce, or cause to be produced, books of accounts or other documents which will be useful for, or relevant to, proceedings under the Indian Income-tax Act, 1922, or under the Income Tax Act, 1961, he would not produce, or cause to produced, such books of account or other documents are required by such summons or not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whom a summons under sub-section (1) of section 37 of the Indian Income-tax Act, 1922 (11 of 1922), or under subsection (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 subsection (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 or 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 Incometax Act, 1922 (11 of 1922), or under this Act, or (c) any person is in possession of any money, bullion, jewellery or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been, or would not be, disclosed for the purposes of the Indian Income-tax Act, 1922 (11 of 1922), or this Act (hereinafte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rposes of any investigation connected with any proceeding under the Indian Income-tax Act, 1922 (11 of 1922), or under this Act. 10. The fundamentals behind the issue of authorization u/s 132 of the Income Tax Act, 1961 and Rule 112(1) of the Income Tax Rules, 1962 can be summarized as under: a. The warrant issuing authority has reasons to believe that issue of notice u/s 131 would not result in fruitful outcome. b. The warrant issuing authority has reasons to believe that issue of notice u/s 142(1) would not result in appropriate compliance. c. There is a belief that the assessee has not disclosed taxable income for the taxation purpose. d. There is a belief that the assessee would not disclose taxable income for the taxation purpose. e. There is a reason to suspect that evidences pertaining to such taxable income are kept at different buildings/premises. f. Hence, the warrant is issued to search any such buildings/premises to enter, indentify, examine, seize, inventorise all such evidences viz. books of accounts, documents, money, bullion, jewellery or other valuable article or thing. 11. From the above, it is very clear that a warrant can be issued in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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