1967 (3) TMI 36 - HC - Income Tax

Search and seizure - petitioner presented an application u/s 132(11) to the Central Board of Direct Taxes at New Delhi against the order u/s 132(5). Pending the application u/s 132(11) the petitioner filed in the Delhi High Court a petition under Art. 226 of the Constitution of India - held that Delhi HC has no jurisdiction to entertain petition

Summary

Issues:
1. Jurisdiction of the court to entertain the petition challenging search and seizures under Income-tax Act, 1961.
2. Whether the Central Government is a necessary party to the petition.
3. Challenge to the vires of section 132(5) of the Income-tax Act, 1961.
4. Jurisdiction of the court in relation to the application filed under section 132(11) of the Income-tax Act, 1961.
5. Liability of the Central Government to pay interest on assets retained under section 132A(4)(a).

Analysis:
1. The High Court was faced with a preliminary objection regarding its jurisdiction to entertain a petition challenging the validity of searches and seizures conducted under the Income-tax Act, 1961. The court noted that the cause of action had arisen in the City of Bombay, and since all relevant parties and actions were based there, the reliefs sought in the petition fell outside the jurisdiction of the court. Therefore, the court dismissed the petition based on lack of jurisdiction without delving into the merits of the case.

2. The petitioner argued that the Central Government was a necessary party to the petition due to the money seized being appropriated towards tax dues and going to the Consolidated Fund of India. However, the court rejected this argument, stating that not all seized money automatically becomes part of the Consolidated Fund, and the Central Government's involvement was not essential for determining the validity of the searches and seizures under question.

3. The petitioner challenged the vires of section 132(5) of the Income-tax Act, 1961, contending that the Central Government must be a necessary party to such a proceeding. The court disagreed, highlighting that there was no legal requirement for the Central Government to be involved in cases challenging the validity of a Central Act or its provisions. The court cited relevant provisions from the Civil Procedure Code to support its stance.

4. In relation to an application filed under section 132(11) of the Income-tax Act, 1961, the petitioner argued that the court had jurisdiction due to the involvement of the Central Board of Direct Taxes in New Delhi. However, the court clarified that the mere filing of an application did not confer jurisdiction on the court, especially when the petitioner could have sought remedies through other avenues without involving the court.

5. The petitioner raised the issue of the Central Government's liability to pay interest on assets retained under section 132A(4)(a) and argued that this made the Central Government a necessary party. The court rejected this argument, emphasizing that the reliefs sought in the petition were not related to section 132A, and the existence of that provision did not entitle the petitioner to file the application. Ultimately, the court dismissed the petition due to lack of jurisdiction, without delving into the substantive merits of the case.