Law:

Section:

Section 132A of the Income-tax Act 1961 - Search and seizure - Requisition of books of accounts, etc. - Whether satisfaction of Commissioner about existence of facts mentioned in clauses (a), (b) and (c) of section 132A is sine qua non for issue of authorization - Held, yes - Whether power under clauses (c) of section 132A can be exercised only when belief is entertained by Commissioner that assets seized, represented wholly or partly income which had not been or would not have been disclosed for purpose of Income-tax - Held, yes - Whether once there exist reasonable grounds for Commissioner to form belief, that would be sufficient to clothe him with jurisdiction to issue notice and fact whether such grounds are adequate or not is not a matter for Court to investigate - Held, yes - Whether, assessee can challenge only existence of belief but not sufficiency of reasons for belief - Held, yes - Whether merely because assesses had filed income-tax returns after articles belonging to them had been seized, they could not get out of mischief of clause (c) of section 132A - Held yes FACTS The premises of 'S', 'C', and 'T' were searched by the police authorities, as a result of which the valuable articles and cash were recovered from their possession. Accordingly, the Criminal proceedings were started before the Chief Judicial Magistrate, during the pendency of the proceedings, the Superintendent of Police, informed the ITO concerned about the seizure of gold and other valuable, articles from the premises of the 'S' and 'C' and 'T'. In the meantime, the Chief Judicial Magistrate also wrote a letter to the ITO enquiring if he had any objection to the articles seized by the police being released. It was the reupon that the Income-tax Inspector asked for a adjournment of the case to enable the Department to proceed in respect of the seized ornaments in accordance with the provisions of the Act. Accordingly, the Chief Judicial Magistrate adjourned the case. Thereafter, the ITO, wrote a letter to the Commissioner giving the full details of the seizure by the police from the premises of 'S', 'C' and 'T'. After receiving the letter from the ITO and perusing the file, the…

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