Cash was seized from one of the employees (the assessee before the Court) by the Telangana police and handed over to the Income Tax Department. The department, the very next day, conducted search operations under section 132 on both the employer and the employee. In the warrant issued, the place of the search was left blank, and the names of the two witnesses were from locations different from where the search was conducted. The Court ruled that a warrant issued under section 132 by the Principal Director of Income Tax, which fails to mention the search place, is invalid. The Court further observed that the documents (Panchnama) used to conduct the search were fabricated, as the witnesses were from places different from the search location. High Court has directed the Department to refund cash of Rs.5.00 crores to assessee with interest at 12% p.a. along with costs of Rs.20,000. SLP of Revenue is dismissed as infructuous as subsequent assessments have been made. (AY. 20019-20)
PDIT (Inv) v. Vipul Kumar Patel (2024) 301 Taxman 408 (SC) Editorial: Vipul Kumar Patel v. UOI [2024] 167 taxmann.com 140 (Telangana) (HC)
S. 132: Search and Seizure-Warrant issued-Search premises left blank-Witnesses from different place-Panchnama-Search invalid-Documents to conduct search fabricated-High Court has directed the Department to refund cash of Rs.5.00 crores to assessee with interest at 12% p.a. along with costs of Rs.20,000-SLP of Revenue is dismissed as infructuous as subsequent assessments have been made.[S.132A, 132B, Art. 14,136, 300A]
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