Gujarat High Court Ultimatum to Income Tax Officers: Public Apology or Face Action

Ahmedabad : The Gujarat High Court delivered a significant order on Monday, presenting Income Tax officers with a stark choice: issue a public apology to an advocate or brace for potential consequences.

The court’s decision stemmed from a petition filed by an advocate, alleging illicit confinement and harassment of a High Court advocate, preventing them from attending court proceedings. The aggrieved advocate demanded action against the Income Tax officers involved.

In a pivotal hearing on Monday, the court expressed, “There’s no objection to the Income Tax search and investigation, but the manner in which it was conducted is under scrutiny.”

The incident traces back to an Income Tax department search at an Ahmedabad-based real estate developer’s premises. During the search, details about a Memorandum of Understanding (MOU) between the developer and another party were discovered, which was found to be in possession of the developer’s advocate. In pursuit of this MOU, Income Tax officers conducted a search at the advocate’s office, subjecting her to harassment.

Previously, the court had issued notices to Ravjit Singh Arneja – DGIT (Investigation), and six other officers – Rakesh Ranjan, Dhurmil Bhatt, Amit Kumar, Neerajkumar Jogi, Ved Kumar, and Ranjit Chaudhary. These officials have been called upon to provide an explanation for their actions, potentially facing consequences for dereliction of duty under the IT Act.

During a previous hearing, the bench strongly denounced the incident, stating, “No professional is safe if this is allowed. This is not a state of emergency; such actions cannot be condoned. Are Income Tax officials akin to police officers, seizing documents held by an advocate in a professional capacity? This exercise of power is unacceptable.”

The High Court’s ultimatum signifies a critical stance against unwarranted actions by authorities, emphasizing the need for respectful and legal conduct, especially in dealings with professionals.