A search is carried out by IT authorities without complying with the provisons of Section 132 (i.e. search is invalid since genuineness and authencity of the information received from an anonymous petition is not verified before issue of search warrant). However during the search operations IT authorities could unearth substantial assets representing undisclosed income. These assets were seized by IT authorities. Can Section 132B be applied (utilisation of assets seized for recovery of existing liability under IT Act or Wealth tax Act etc.) considering the fact that search was an invalid search.
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Search & Seizure- case study for CA final students
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search authorisation can take place on the basis of information in possession of the relevant authorised officer ,and it's an established jurispudence that such information should not be frivolous or invalid , otherwise order is liable to be quashed.
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