Section 135 — the law in short
What the courts have decided on section 135, in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
-
Pooran Mal v Director of Inspection
Supreme CourtHelps department
The search on me was illegal. Can I stop the department using what it took?
No. Indian tax law has no exclusionary rule. The Supreme Court upheld s.132 and rule 112 and held that even if a search contravened the section, the material seized was liable to be used, subject to law, before the income-tax authorities against the person from whose custody it was taken. Illegality in the search goes to relief against the search, not to the admissibility of what it produced.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.