K JAYARAMAN Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THE main question that arises for consideration in this case is whether the impugned proceedings of the Income-tax Officer, City Circle I(2), Coimbatore, in PAN PY-2276/1(2) dated May 23, 1985, is in accord with section 132(5) of the Income-tax Act, 1961.

(2.) A warrant was issued by the Director of Inspection, Madras, for a search of the residential premises of the petitioner at No. 93, Kaleeswarar Nagar, Coimbatore. Armed with that warrant, a search was made. Cash of Rs. 53,212 was found and Rs. 40,000 was seized from out of it. Out of the 1,926 grams of old jewellery, 800 grams were seized. A number of silver articles weighing 14,772 grams were also found but they were, however, not seized.

(3.) I may first of all state that, having regard to the scope of section 132(5), it is not required to state in the order that previous approval of the Inspecting Assistant Commissioner was obtained. It is because the said sub-section reads as follows :