Law: Income Tax Act, 1961

Section: 132A,132A(1)(a),132A(1)(b),132A(1)(c)

(a) Income-tax--Search and seizure---Search and seizure under Bihar Money Lenders' Act---Requisition of seized assets---Scope of power under S.132-A---Power under S. 132-A has to be exercised immediately after property is seized by police officer---Power not, applicable in proceedings before Court---Indian Income Tax Act, 1961, S.132-A. (b) Income-tax-- ----Recovery of tax---Application to Court for payment of money belonging to assessee--Condition precedent---Tax must be due---Section 226(4), not applicable in case of unassessed property---Indian Income Tax Act, 1961, (c) Writ ----Existence of alternative remedy---Writ will not normally issue--­Constitution of India, Art. 226. On a reading of clause (c) of subsection (1) of section 132-A of the Income Tax Act, 1961, it appears that where the authorities of the Income-­tax Department in consequence of information in their possession; have reason to believe that any assets represent either wholly or partly income or property which has not been, or would not have been, disclosed for the purposes of the Indian Income-tax Act, 1922, or the income Tax Act, 1961, by any person from whose possession or control such assets have been taken into custody by any officer or authority under any other law for the time being in force, then, the Direction-General or. Director or the Chief commissioner, or Commissioner may authorise any Deputy Director, Deputy Commissioner, Assistant Director, Assistant Commissioner or Income-tax Officer to require the officer or authority referred to in clause (a) or clause (b) or clause (c), as the case may be, to deliver such books of account, other documents or assets to the requisitioning officer. The power as envisaged under section 132A(1) of the Act should be exercised immediately after the property is seized by making requisition to the police officer to hand over the same. It is not applicable to proceedings before the Court. Subsection (4) of section 226 of the Act postulates that the Assessing Officer may apply to the Court in whose custody there is money belonging to the assessee for payment to him of the entire amount of such money or, if it is more than the tax due, an amount…

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