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may 2015

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.

Dir. Gen. Of Inc.Tax(Inv) Pune & Ors vs M/S. Spacewood Funishers Pvt. Ltd. & Ors · Niyam