TaxTMI 
TaxTMI 
2019 (9) TMI 637
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....8/2019 in Special Civil Application No.3347 of 2019. 2.00. The main matter came to be disposed of by rejecting the writ application challenging the issue of Warrant of Authorization under Sub-section (1) of Section 132A of the Income Tax Act, 1961. While rejecting the writ application, this Court observed as under :- "7.12. The Affidavit-in-reply filed on behalf of the respondent speaks for itself. Initially the writ applicant declared that he had withdrawn the amount from his bank accounts as well as from the accounts of his wife. He also declared that some amount was also taken from his cash book. However, when asked to submit the bank account details and cash withdrawals so far as the account of his wife is concerned, the wri....
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....ive a running Bank Guarantee of any Nationalized Bank of the equivalent amount. We expressed our inclination to release the cash amount, which has been seized, in favour of the writ applicant subject to the writ applicant furnishing a running Bank Guarantee of any Nationalized Bank. However, Mr. Shah, the learned Senior Counsel appearing for the writ applicant submitted that it would be too difficult for the writ applicant to furnish a Bank Guarantee of the amount of Rs. 2 Crore and odd." 3.00. The review is sought for substantially on three grounds. Mr. Shah, the learned senior counsel first invited the attention of this Court to para 5.03 of the judgement. Para 5.03 of the judgement of which review is sought for reads as under :- ....
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....espondent speaks for itself. Initially the writ applicant declared that he had withdrawn the amount from his bank accounts as well as from the accounts of his wife. He also declared that some amount was also taken from his cash book. However, when asked to submit the bank account details and cash withdrawals so far as the account of his wife is concerned, the writ applicant declined to submit the details and prayed for some more time to produce the relevant documents. The writ applicant was also asked to submit confirmation from the parties with respect to cash payment along with the relevant cash as well as bills. However, the information provided by the writ applicant was not found convincing. The authority found the statement of the writ....
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....down by the Court. If the conditions for exercise of the power are not satisfied, the proceedings would be liable to be quashed. However, where the power is exercised bona fide and in furtherance of the statutory duties of the Tax Officer, any error of judgement on the part of the Officers by itself would not vitiate the exercise of the power. Where the authority entertains the requisite belief and for the reasons recorded by him, authorizes a designated officer for the purpose of section 132A of the Act to act accordingly, the High Court in a writ application under Article 226 of the Constitution by an aggrieved person should not substitute its own opinion whether the order of authorization under section 132B should have been issued. 4.....
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....t do you have to say about the seizure of cash of the amount of Rs. 2.45 Crore. We would like to know the source of this particular amount." 5.01. To the aforesaid question, the writ applicant replied "that the amount of Rs. 2.45 Crore was withdrawn from the bank Accounts referred to above and the amount of Rs. 86,00,000/- was withdrawn from the Canara Bank Account No.3179214000008. The balance amount was withdrawn from my other bank accounts. Some amount was withdrawn from the bank Account of my wife namely Nina Kamlesh Shah and some amount was withdrawn from my Cash Book." 5.02. Mr. Bhatt, submitted that being not satisfied with such explanation given by the writ applicant, summons for the second time was issued under section 131 of....
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....d the following :- [1] Indemnity Bond; [2] Cash Book certified by the Chartered Accountant namely Mr. Mayur Shah for the period between 1/4/2018 and 21/8/2018; [3] The accounts of sale of vegetables and fruits across the country duly certified by the Chartered Accountant. 5.03. Mr. Bhatt, submitted that the matter is being looked into throughly. The authority has prima facie come to the conclusion that there is no true and correct disclosure about the source of the cash seized by the police. 6.00. We are not convinced with the submission of Mr. Shah, that there is no clarity in the Warrant of Authorization issued under section 132A whether the case is one in which the income could be said to be not disclosed....