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The Intrusion Of Privacy: Analysing The Conflict Between Search And Seizure Provisions Under The Income Tax Act, 1961 And Right To Privacy




Mrs. Shilpa Jose, Assistant Professor, Bharata Mata School of Legal Studies, Choondy, Aluva, Kerala


ABSTRACT


The Income Tax Act of 1961 is the legislation which regulates the entire process of collection and administration of Income tax in India. The search and seizure provisions under the Income Tax Act imposes certain police powers upon the income tax authority which is being misused against the taxpayers. This uncontrolled power poses a threat to the right to privacy of the assessee. This paper tries to analyse the abuse or misuse of power by income tax authorities under search and seizure provisions of Income Tax Act. The article also discusses whether the search and seizure procedure conducted by the income tax authority could be considered as a procedure established by law through which the fundamental right of privacy could be restrained?


Keywords: Search and Seizure, Privacy, Abuse of Power





Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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