- (1.) These two writ petitions were heard together and are being disposed of by a common judgement. The learned Counsel for the parties advanced the arguments with reference to the writ petition No. 378 of 2004 and submitted that the same shall hold good with the connected writ petition. Therefore, the facts from the file of writ petition No. 378 of 2004 are noted for consideration.
(2.) The Petitioner Nos. 1 and 2 are medical doctors by profession and are husband and wife. The Petitioner No. 1 is a qualified orthopaedic surgeon and is also Chairman-cum-Managing Director of Prakash Hospital at D-12, 12-A and 12-B, Sector - 33, NOIDA. He is also running his clinic from his residence besides the fact that he is operating the patients in the said Hospital. Both the Petitioners claim that they are regular income tax Assessee and have been filing regular income tax return under the Act.
(3.) The officials of the Income Tax Department on March 19, 2002 made a search under the search warrant issued under Section 132(1) of the Income Tax Act (hereinafter referred to as the Act) at the residence of the Petitioners. Questioning the legality and validity of warrant of authorisation authorising the Respondents to conduct a search in the premises of the Petitioners, the present writ petition has been filed. The main thrust of challenge in the present petition is that there was no material in possession of the officials (as described under Section 132(1) of the Act) to have reason to believe that the Petitioners are in possession of any money, bullion, jewellery or other valuable articles or things as undisclosed income or property.;