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2005 (4) TMI 43 - HC - Income TaxProceedings of Income-Tax - Investigative machinery of the Income-tax Department can be well utilized for the purpose of unearthing the real persons behind the monetary transactions by resorting to the procedure as specified by different provisions of the Act but definitely not by issuing the impugned proceeding under the provisions which would not authorize the Department to do so. Be it small or big, true or ostensible, real or benami fish in the applicants pool, the resultant of the excise policy of the State Government, though the object aimed at by the Income-tax Department is appreciable, the mode adopted by the issuance of the impugned proceeding is impermissible in law. Hence, this court is left with no other option except to hold that the impugned proceeding issued by the first respondent is without authority or jurisdiction
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