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2008 (6) TMI 341 - HC - Income TaxSearch and Seizure- the petitioner submitted that one Shri Dayabhai Narshibhai Patel is the president of the petitioner association. It is the say of the petitioner that the petitioner had purchased an immovable property called "Rupam Talkies" under two different sale deeds, for an aggregate sum of Rs.64 lakhs. For carrying out the aforesaid transaction, necessary certificate was obtained from the Appropriate Authority in terms of the provisions of Chapter XXC of the Income-tax Act, 1961 (the Act).The respondent-Income-tax Department was instigated to initiate action against the petitioner under section 132 of the Act.. The search proceedings concluded on February 20, 1997. It is the grievance of the petitioner that the entire exercise, right from the beginning of issuing warrant of authorisation, subsequent search proceedings, issuance of notice under section 158BC of the Act, transfer of proceedings from Bhavnagar to Rajkot under section 127 of the Act, is mala fide and/or bad in law as being without jurisdiction. Held that- the satisfaction note did not indicate any information in the possession of the authorized officer for initiating the proceedings, thus the warrant of authorization is liable to set aside. Further held that once the proceedings initiated by issuance of warrants of authorization were found to be bad in law, there would be no occasion to continue with the proceedings of the block assessment. Even if the order of transfer were to be upheld, it would not be operative.
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