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2020 (11) TMI 383 - HC - Income TaxSeizure of jewellery - Search proceedings - Revenue carried out the investigation under Section 131 (1A) of the Income Tax Act, prior to carrying out the search action u/s 132 (1) - HELD THAT:- Even if the proceedings conducted on 10.9.2018 had indeed been carried out under Section 131 (1A) of the Act, and action under Section 132 of the Act was taken subsequent thereto, such an exercise by the Revenue was nevertheless contrary to the scheme of the Act. Section 131 (1A) stipulates that if the officer named in the said statute, before taking action under Clauses (i) to (v) of Sub-Section (1) of Section 132, has reason to suspect that any income has been concealed or is likely to be concealed, by any person or class of persons within his jurisdiction, then for the purpose of making an enquiry or investigation relating thereto, it shall be competent for him to exercise the powers conferred under Sub-Section (1) of Section 131, notwithstanding that no proceedings with respect to such persons are pending before any Income Tax Authority. We repeatedly called upon Ms. Malhotra to show us any material on record of the Revenue that sets down the reason to suspect that any income had been concealed, or was likely to be concealed by the non-applicant, before initiating action under section 131(1A) of the Act. She very fairly submits that, indeed, there was no such material on record of the Revenue. Notwithstanding the contention of the Revenue that the proceedings conducted on 10.09.2018 were under Section 131 (1A) of the Act, our reasons recorded in our judgment and its final outcome are not affected in any manner. Review Petition dismissed.
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