Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2012 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (8) TMI 340 - GUJARAT HIGH COURTSearch and seizure of cash – Held that:- Deputy Director prepared a satisfaction note and placed it along with statements and other documents before Director of Income-tax (Investigation), who recorded satisfaction and issued warrant of authorisation under section 132A - On basis of warrant of authorisation, Deputy Director collected amount of Rs. 11 lakhs – since R had in his statement recorded under section 133A stated that he had given cash to assessee through JJ, then without due verification with JJ, no satisfaction could have been recorded that seized cash represented income which had not been, or would not have been, disclosed for purposes of Act by assessee - condition precedent for the exercise of power under section 132A was lacking and the order made under it was liable to be quashed; and there was no material on record to sustain the order made on the firm - warrant of authorisation under section 132A of the Act cannot be sustained.
|