Law:

Section:

In case a notice is issued under section 131(1A) after search and seizure operation under section 132, it would show that there was neither reason to believe nor material before authorizing officer on basis of which he could issue a warrant under section 132 Section 132, read with section 131, of the Income-tax Act, 1961 - Search and seizure - General - Whether in case a notice is issued under section 131(1A) after search and seizure operation under section 132, it would show that there was neither reason to believe nor material before authorizing officer on basis of which he could issue a warrant under section 132 - Held, yes - Whether since authorized officer has to form an opinion before seizing of particular ornaments under section 132, he will necessarily have to investigate matter - Held, yes - Whether search and seizure cannot be a fishing expedition and before search is authorised, Director must on relevant material have reason to believe that assessee has not or would not disclose his income - Held, yes - Whether reason to believe under section 132 must exist and must be taken into consideration by Director/Commissioner at time of issuing of warrant of authorization and if reason to believe comes into existence later, i.e., after issuance of warrant of authorization, then warrant of authorization and entire search and seizure will be illegal even if, material on basis of which Director formed his opinion that there was reason to believe existed prior to issuance of warrant of authorization - Held, yes FACTS The departmental authorities, the respondents, in purported exercise of the powers under section 132(1), searched the residential and business premises of the assessees-petitioners, who were husband and wife and both were doctors, and seized certain amount of cash and documents, etc., from their possession. The assessees filed a writ petition challenging, inter alia, the validity of the warrant of authorization under section 132(1) and the initiation of block assessment proceedings by issue of notice under section 158BC by respondent No. 5, and continuation thereof by respondent No. 6 by issuance of another notice under section 142(1) and in that…

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