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2022 (4) TMI 181 - HC - Income TaxValidity of search u/s 132 - Complete absence of any ‘reason to believe’ for the respondents to conduct any search on the petitioner(s) under Section 132 - HELD THAT:- While exercising jurisdiction under Article 226 of the Constitution, the High Court does not act as an Appellate Authority nor can mere suspicion be the basis conferring jurisdiction to interfere in judicial proceedings. Care and caution needs to be taken while addressing the possibility and potential of conferring an undue advantage to the assessee which may have the effect of frustrating the endeavour of the revenue depending upon the stage the Court is approached with the challenge. It would, therefore, in itself, be not sufficient to vitiate the action taken with a rider that the officer exercising the authorization had acted bona fide. With these parameters in mind, we had gone through the records and the satisfaction notes of the revenue authorities and are of the view that the mandate of the statute stands fulfilled. The competent authority while taking the decision has taken into consideration the relevant facts and the other material based upon the information in its possession on the basis of which reasonable belief has been reached fulfilling the requirement of the mandate of Section 132 of the 1961 Act. In view of the above referred to legal position, we refrain from stating any further keeping in view the stage of the proceedings.
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