VidhiSangh

Supreme Court of India · 13/07/2022

PRINCIPAL DIRECTOR OF INCOME TAX (INVESTIGATION) & ORS. versus LALJIBHAI KANJIBHAI MANDALIA

[2022] 15 S.C.R. 232 · 2022 INSC 719

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Summary

The assessee lent Rs 10 crore in 2016 to a new Goa casino company linked to a group under investigation and was repaid within the year with interest he disclosed. His premises were searched under Section 132 of the Income Tax Act in 2018. The Gujarat High Court quashed the authorisation for want of material under Section 132(1)(b) or (c). The Supreme Court reversed. Forming the belief is administrative; a court examines only whether the recorded reasons exist, are bona fide and bear a rational connection to the statutory conditions, not their sufficiency, applying Wednesbury restraint. Suspicion that a short-term loan to a stranger company was an accommodation entry, and the apprehension that the assessee would not answer summons from West Bengal officers, satisfied clauses (b) and (c). Principles for writ review of Section 132 searches were restated.

Issues

  1. What is the scope of judicial review under Article 226 of a warrant of authorisation for search and seizure under Section 132 of the Income Tax Act, 1961, and whether the court may examine the sufficiency of the reasons to believe.
  2. Whether the conditions in Section 132(1)(b) and (c) were satisfied where the assessee's loan transaction had been disclosed in his return but the Revenue suspected it to be an accommodation entry.

Provisions considered

Held

Result

Appeal allowed. The High Court's order of 22.02.2019 quashing the warrant of authorisation dated 07.08.2018 was set aside, and the Revenue is at liberty to proceed against the assessee in accordance with law.

Judgment PDF: Supreme Court of India, [2022] 15 S.C.R. 232.