Law:

Section:

Section 132 of the Income-tax Act, 1961 - Search and seizure - General - Whether manner in which expression 'Joint Director' has been used in section 132(1) requires same to be interpreted in its limited sense as meaning only a Joint Director and not an Additional Director of Income-tax - Held, yes Words and Phrases : 'Additional Director of Income-tax' as occurring in section 132(1) of the Income-tax Act, 1961 Circulars and Notifications : CBDT Notification, dated 6-11-1979; CBDT Notification, dated 11-10-1990; and CBDT Notification, dated 23-10-1998 FACTS The Director of Income-tax (Investigation) had issued a warrant of authorization under section 132 on 25-5-2000 in respect of the premises of the assessee. Panchnama was drawn on 25-5-2000 itself and a restraint order under section 132(3) in respect of a bank locker standing in the name of the assessee was also served on the assessee. Thereafter, a second warrant of authorization under section 132 was issued on 25-5-2000 by the Additional Director of Income-tax (Investigation) authorizing some Deputy Directors of Income-tax, Assistant Directors of Income-tax and Income-tax Officers to conduct a search in respect of the aforesaid locker. Panchnama was also drawn on 26-5-2000, which indicated that the search in respect of the said locker commenced on 26-5-2000 and the same was closed on same date temporarily, to be commenced subsequently. Thereafter, further search was conducted on 2-6-2000 and a panchnama was also drawn on that date which indicated that the search commenced on 2-6-2000 and was closed on that very date as finally concluded. The restraint order under section 132(3) was also lifted. According to the revenue, the panchnama dated 2-6-2000 was the last of the panchnamas relating to the search and seizure operations conducted at the assessee's premises and, consequently, period of limitation had to be reckoned from the end of that month, i.e., from 30-6-2000. However, the Tribunal took the view that the second warrant of authorization issued by the Additional Director of Income-tax (Investigation) on 25-5-2000 in respect of the aforesaid locker was invalid, as he had no power to do so; and that the…

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