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2012 (2) TMI 116 - HC - Income TaxSearch & seizure – violation of human rights by the concerned officials of the Income Tax Department – confirmed by Bihar State Human Rights Commission – writ petition filed against such confirmation on various grounds - Held that:- Jurisdiction defect - With reference to Rule 8(1) of NHRC Regulations, 1994 Single Member Bench is competent to hear a complaint regarding violation of human rights. It is desirable that facts regarding the complaint being written to NHRC also, ought to be stated in the complaint to SHRC however, same cannot be a ground for rejection of the complaint filed before the SHRC. Continuous interrogation - Department has no plausible excuse for making interrogations till odd hours of second night till 3 A.M. Thus order of Commission is partially affirmed holding the department guilty of violating human rights but only to the extent indicated. Opportunity of being heard - In absence of an opportunity to defend themselves against such charge in an enquiry, Commission erred in issuing notice to the officials to show cause or respond as to why penalty may not be levied for awarding compensation to the complainant and is accordingly quashed. Writ application is partially allowed so far response of officials were sought for levying monetary penalty; it's challenge against findings of violation of Human Rights is dismissed.
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