Supreme Court of India · 2015-05-13
DIR. GEN. OF INC.TAX(INV) PUNE vs M/S. SPACEWOOD FUNISHERS PVT. LTD.
- Citation / case number
- SC 2012/18991
- Court
- Supreme Court of India
- Petitioner
- DIR. GEN. OF INC.TAX(INV) PUNE
- Respondent
- M/S. SPACEWOOD FUNISHERS PVT. LTD.
- 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 requires a reasonable belief by the authorized official regarding the existence of conditions for issuing a search warrant. The Court upheld the High Court's decision to interdict the search, emphasizing that the power to search must be exercised strictly in accordance with the law and that any challenge to the authorization must be substantiated by the officer concerned. Consequently, the appeal by the Director General of Income Tax was dismissed, affirming the High Court's ruling.