MUHAMMED C K vs. ASSISTANT COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court held that the petitioner had not made out any case for exercising review jurisdiction. This was because the sole ground for the review petition was the information received under the RTI Act from the Nilambur Police Station, which stated that no Section 132A authorization was issued. However, the Income Tax Department produced a warrant of authorization under Section 132A(1) of the Income Tax Act, duly acknowledged by the police on 08.06.2022. The Court found this evidence to be contradictory to the RTI information. Therefore, the Court concluded that the information provided to the petitioner was incorrect and dismissed the Review Petition. The ratio decidendi is that review jurisdiction cannot be exercised on the basis of demonstrably incorrect information, especially when contrary evidence is presented.
What were the facts?
The Review Petitioner, Muhammed C K, filed a Review Petition before the High Court of Kerala challenging an earlier order in WP(C) No. 9269 of 2024. The sole ground for review was information received by the petitioner under the Right to Information Act from the Nilambur Police Station, stating that no requisition or warrant of authorization under Section 132A of the Income Tax Act, 1961, had been issued. The Assistant Commissioner of Income Tax and the Principal Commissioner of Income Tax are the respondents. The Review Petition was filed on the strength of this RTI information.
What were the issues?
1. Whether the petitioner has made out a case for exercising review jurisdiction based on the information received under the Right to Information Act regarding the absence of a Section 132A authorization. Assessee's Contention: The petitioner argued that information received under the RTI Act from the Nilambur Police Station indicated that no warrant of authorization under Section 132A of the Income Tax Act, 1961, was issued. This formed the sole basis for the review petition. Revenue's Contention: The learned Standing Counsel for the Income Tax Department produced a memo containing the warrant of authorization issued under Section 132A(1) of the Income Tax Act, which was acknowledged by the Sub Inspector of Police, Nilambur, on 08.06.2022. The revenue contended that the RTI information was incorrect.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER
This Review Petition has been filed on the strength of the information received by the Review Petitioner under the provisions of the Right to Information Act from the Nilambur Police Station that no requisition/warrant of authorization under Section 132A of the Income Tax Act, 1961 had been issued.
Learned Standing Counsel appearing for the Income Tax Department has filed a memo producing therewith the warrant of authorisation issued under Sub- Section (1) of Section 132A of the Income Tax Act which is seen acknowledged by the Sub Inspector of Police, Nilambur on 08.06.2022. 3. In the light of the above, it appears that the information provided to the Review Petitioner under the Right to Information Act from the Nilambur police station is incorrect. Since this is the only ground raised in the review petition, I am of the view that the petitioner has RP NO. 482 OF 2024 3 not made out any case for exercise of review jurisdiction. Accordingly, the Review Petition stands dismissed. GOPINATH P., JUDGE ajt
RP NO. 482 OF 2024 4
Appendix — schedule of exhibits
More judgments on Section 132A
- Kishor Kumar Aggarwal, Gurgaon vs ACIT-Central Circle-30- Delhi., DelhiITA 2305/DEL/2026[2020-21]Status: Disposed7 Oct 2026AY 2020-21
- Kishor Kumar Aggarwal, Gurgaon vs ACIT-Central Circle-30, DelhiITA 2304/DEL/2026[2019-20]Status: Disposed7 Oct 2026AY 2019-20
- Hira Enterprises, Hyderabad vs ITO, Ward-9(2), HyderabadITA 2450/HYD/2025[2017-18]Status: Disposed30 Sept 2026AY 2017-18
- Praveen Kumar Saini, Jhunjhunu vs Income Tax Officer Ward-1, JhunjhunuITA 325/JPR/2026[2014-15]Status: Disposed28 Sept 2026AY 2014-15
- Himtaj Medicare, Delhi vs Dy Commissioner of Income Tax, DelhiITSSA 8172/DEL/2025[2016-17]Status: Disposed28 Sept 2026AY 2016-17
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