Shah E Naaz Judge vs Additional Director Of Income Tax ... on 30 November, 2018
15. The Supreme Court in H.L. Sibal Vs. CIT (1975) 101 ITR 112
(P&H), Dr. Nand Lal Tahiliani Vs. CIT & Ors. (1988) 170 ITR 592 (All),
L.R. Gupta & Ors. Vs. UOI & Ors. (1992) 194 ITR 32 (Del), Ajit Jain Vs.
UOI (2000) 242 ITR 302 (Del) and Madhu Gupta Vs. DIT (Inv.) & Ors.
(2013) 350 ITR 598 (Del.), elucidate on compliance and satisfaction of the
conditions of sub-clauses (a), (b) and (c) to Section 132 of the Act as
recorded in the "reasons to believe", which formation of opinion must be in
good faith and not mere pretence and subterfuge on the part of the
authorities. The Court while examining the said reasons would not adjudge
or test adequacy and sufficiency of the grounds, but could go into the
question and examine rational connection between the information or
material recorded and formation of the belief as to satisfaction of conditions
specified in clauses (a), (b) and (c) to Section 132 (1) of the Act. The
"reasons to believe" as recorded should have relevant bearing on formation
of the belief, for the search warrants cannot be issued for making a fishing
and roving inquiry. The test and parameters of reasonable man is applied.