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of <h1>Supreme Court upholds judgment invalidating income tax search proceedings under Section 132 without prior notice</h1> The SC dismissed special leave petitions challenging a HC judgment that invalidated search and seizure proceedings under Section 132 of the Income Tax ... Validity of search and seizure u/s 132 - Information and material enough to indicate a reason to believe or not? - Whether reasonable belief founded to initiate search proceedings? - As decided by HC [2024 (5) TMI 709 - BOMABY HIGH COURT] no notice or summons have been issued to petitioners calling for any information from them at any point of time earlier to the action under Section 132 (1) of the Act to give rise to an apprehension of non-compliance by petitioners justifying action u/s 132 (1) - no reasonable belief can be formed that the person concerned has omitted or failed to produce books of accounts or other documents for production of which summons or notice had been issued, or that such person will not produce such books of accounts or other documents even if summons or notice is issued to him. HELD THAT:- We are not inclined to interfere with the impugned judgment passed by the High Court. In the facts and circumstances of the case, the question of law is kept open. The Special Leave Petitions are dismissed. The Supreme Court, with Justices Pamidighantam Sri Narasimha and Joymalya Bagchi presiding, heard the matter and after condoning delay, declined to interfere with the impugned High Court judgment. The Court explicitly stated, 'In the facts and circumstances of the case, the question of law is kept open.' Consequently, the Special Leave Petitions were dismissed, and all pending applications were disposed of.
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