Law:

Section:

Section 132 of the Income-tax Act, 1961 - Search and seizure - As a result of search certain amount was seized from bank lockers of petitioner's wife and minor daughters - Thereupon, order under section 132(5) was passed by authorities - An appeal was provided against said order - Whether since it would be open to petitioner to urge all contentions in appeal, writ petition asking for quashing search proceedings and notices issued under section 132, was to be dismissed - Held, yes FACTS As a result of search under section 132, certain amount was seized from bank lockers standing in the name of petitioners wife and minor daughters. Thereafter, order was passed under section 132(5). Against said order an appeal was provided. In the instant writ petition, the petitioner raised contention as to whether the authorities had materials before them to from requisite belief empowering them to take action under section 132(1) or whether the authorities were justified in not releasing the amount for payment as requested by the petitioner. HELD Final assessment would be made in due course and it would not be appropriate to go into the several contentions raised. In such circumstances, it was held that it would be open to the petitioner to urge all such points available to him in law in the appeal provided by law against an order passed under section 132(5). The writ petition was accordingly, dismissed. Note: In favour of Revenue. JUDGMENT B.P. Jeevan Reddy, CJ.-The petitioner is asking for issue of a writ of certiorari quashing the search proceedings and notices issued under section 132 of the Income-tax Act. While it is not necessary to mention the facts stated in the writ petition…

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