Income Tax department fined Rs 20,000 for wrongful search

MUMBAI: Seventeen years after a reputable city doctor questioned a search conducted on him by the income tax (I-T) department, the Bombay high court has asked the department to pay him Rs 20,000 as costs.

The HC was hearing a petition filed by Dr Gautam Sen seeking an apology after the I-T department's search and seizure proceedings of 1999.

The HC said, "Officers of the I-T department are obliged to proceed in accordance with statutory provisions and not on their whim and fancy."

The I-T action was consequent to a search operation on Concept Communication Group of Companies on January 6, 1999, belonging to Nirmal Suchanti. The officials came across a bank account in the name of Pioneer Publicity, of which one Gautam Sen was shown as proprietor.

The address provided with the bank was fictitious but Suchanti's telephone diary had the number of a doctor with Devaki Hospital mentioned alongside.

I-T conducted a search at the doctor's premises on January 16, 1999, and found Rs 20,000, which was explained to the department. The HC noted that nothing incriminating was found during the search. After perusing the report, HC noted that the action against the doctor could be because of mistaken identity.