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This Court is satisfied that the authority was possessed of information on the basis of which a reasonable belief was founded that the petitioner has omitted or failed to produce books of accounts or other documents and that such person is in possession of any money, bullion, jewellery or other valuable article which represents either wholly or partly income or property which has not been or would not be disclosed. This Court is further satisfied that before issuance of warrant and the notice under Section 153A of the IT Act the authority applied its mind to the material and the formation of opinion is honest and bona fide and further that it is not based on any extraneous or irrelevant material.

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Sec. 132 & 153A of Income Tax Act, 1961 – Search & Seizure – The petitioner questioned the legality and validity of the notice issued to him under Section 153A of the IT Act and; also prayed for declaring the search of his premises as illegal and void ab initio and for return of money, bullions or other valuable items seized from his premises. High Court dismissed the writ petition holding that:- the authority was possessed of information on the basis of which a reasonable belief was founded that the petitioner has omitted or failed to produce books of accounts or other documents and that such person is in possession of any money, bullion, jewellery or other valuable article which represents either wholly or partly income or property which has not been or would not be disclosed. Before issuance of warrant and the notice under Section 153A of the IT Act, the authority applied its mind to the material and the formation of opinion is honest and bona fide and further that it is not based on any extraneous or irrelevant material – SUBHASH SHARMA Vs. CIT [2020] 423 ITR 47 (CHHATTISGARH)

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