Mere possession of valuable items not sufficient to form a belief that same not been or would not be disclosed

Mere possession of money, bullion, jewelery or such valuable article or thing per-se would not be sufficient to enable the competent officer to form a belief that the same had not been or would not be disclosed for the purpose of the Act. What is required is some concrete material to enable a reasonable person to form such a belief. It is, of course, true that such belief is a matter of subjective satisfaction of the competent authority. Such subjective satisfaction, however, must be formed on the basis of the material on record and objective assessment of such material and cannot be on the basis of a mere suspicion or apprehension that the income had not been or would not be disclosed for the purpose of the Act.

HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No. 11593 of 2012

CIVIL APPLICATION No. 11281 of 2012 In

SPECIAL CIVIL APPLICATION No. 11593 of 2012

Please become a Premium member. If you are already a Premium member, login here to access the full content.