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Download eBook on Survey, Search & Seizure under ... - TaxGuru

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<strong>Survey</strong>, <strong>Search</strong> & <strong>Seizure</strong> | 39 |taxmann.com 738 (Ker.) - The search at premises of the group c<strong>on</strong>cernswas c<strong>on</strong>ducted <strong>under</strong> s.132. In all five search warrants were issuedgiving correct addresses. The warrants for search were issued in thenames of PPJ and PPJ (Pvt.) Ltd. The assessee were carrying businessas PPJ (Delhi), PPJ (India) and PPJ (Pvt.) Ltd. The omissi<strong>on</strong> of (D) or(India) was <strong>on</strong>ly a technical mistake curable <strong>under</strong> s.292B. The searchwas valid.9. Rajendran Chingaravelu v ACIT[2010] 186 TAXMAN 305 (SC)Whether when a b<strong>on</strong>a fide passenger is carrying an unusually largesum, and his claims regarding source and legitimacy have to beverified, some delay and inc<strong>on</strong>venience is inevitable and, in sucha situati<strong>on</strong>, rights of passenger will have to yield to public interest -Held, yes10. hemendra Ranchhoddas Merchant v. director of Income-tax(Investigati<strong>on</strong>), Mumbai [2012] 20 taxmann.com 219 (bom.) -Validity of search proceedings initiated in pursuance of warrant ofauthorisati<strong>on</strong> issued in name of dissolved firm as well as in name oferstwhile partners of dissolved firm was to be upheld11. Naresh Chand baid v. Assistant Commissi<strong>on</strong>er of Income-tax,Investigati<strong>on</strong> Circle - 21, Raipur [2012] 23 taxmann.com 378(Chhattisgarh) Revenue authorities are competent to c<strong>on</strong>duct search inpremises of partners of firm when names of all partners are specificallymenti<strong>on</strong>ed in warrant of authorizati<strong>on</strong> issued in name of partnershipfirm12. Smt. Suman Singhai v. director of Income-tax (Investigati<strong>on</strong>)[2012] 20 taxmann.com 835 (MP.) Where based <strong>on</strong> informati<strong>on</strong> in hispossessi<strong>on</strong>, Dy. Director formed a belief that certain cash and silver,which had been seized by railway police from assessee’s employee,represented assessee’s income which would not have been disclosedfor purpose of income-tax, and requisiti<strong>on</strong>ed it, in view of recordproduced by authorities, warrant of authorizati<strong>on</strong> <strong>under</strong> secti<strong>on</strong> 132Awas valid.www.taxguru.in

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