Supreme Court of India · 2015-05-13
Dir. Gen. Of Inc.Tax(Inv) Pune & Ors vs M/S. Spacewood Funishers Pvt. Ltd. & Ors
- Court
- Supreme Court of India
- Petitioner
- Dir. Gen. Of Inc.Tax(Inv) Pune & Ors
- Respondent
- M/S. Spacewood Funishers Pvt. Ltd. & Ors
- Author
- Ranjan Gogoi
- Bench
- Pinaki Chandra Ghose, Ranjan Gogoi
Judgment text excerpt
The Supreme Court addressed the validity of the search conducted under Section 132 of the Income Tax Act, 1961, which was challenged by the High Court under Article 226 of the Constitution. The Court reiterated that the issuance of a search warrant requires a reasonable belief by the authorized official regarding the existence of statutory conditions, as established in ITO vs. Seth Brothers. The Court held that the High Court's interference was justified due to the lack of adherence to these conditions, thereby upholding the principles of lawful search and seizure under tax law.