Facts
The petitioner, described in the petition as a non-executive director and in the oral order as an Additional Director of M/s Attica Gold Private Limited, challenged search authorisations, searches and seizures, related summonses, and subsequent investigative measures.
Source reference: p. 1, 3–6He sought, among other reliefs, to quash the authorisations and obtain time to respond to the summonses.
Source reference: p. 1, 3–6At the preliminary hearing, the respondents submitted that the search was against the company and that any grievance should be raised by the company, not by the petitioner in his personal capacity.
Source reference: p. 9–10The petitioner sought permission to appear on a later date in response to the summons dated 30 September 2026.
Source reference: p. 10–11Issues
1. Whether the petitioner, as an Additional Director of the company searched, could personally challenge the search and its authorisation under Articles 226 and 227.
Source reference: p. 7, 9–102. Whether the petitioner should be permitted additional time to appear in response to the summons dated 30 September 2026.
Source reference: p. 10–11Law Applied
The petition invoked Articles 226 and 227 of the Constitution and challenged action under Section 247 of the Income-tax Act; the petitioner also relied on provisions concerning summonses under Section 246.
Source reference: p. 3–9The Court did not decide the substantive interpretation or validity of those provisions.
Source reference: p. 10It stated that a grievance concerning a search and seizure or its authorisation must be raised by the affected person, and concluded that the petitioner could not do so in his personal capacity where the search was against the company.
Source reference: p. 10Reasoning
The Court considered the petitioner’s challenge to the search authorisation and the respondents’ objection that the search was directed at the company.
Source reference: p. 9–10It found “considerable force” in the respondents’ submission that the petitioner, as an Additional Director, was not himself the affected person entitled to pursue the challenge.
Source reference: p. 9–10The Court therefore did not determine the petitioner’s arguments about the requirements of Section 247 or the legality of the searches.
Source reference: p. 9–10On the separate request for time, the respondents agreed that the petitioner could appear on 14 October 2026 in response to the 30 September summons.
Source reference: p. 10–11Holding
The Court disposed of the petition, permitting the petitioner to appear in response to the summons dated 30 September 2026 on 14 October 2026 at 11:00 a.m.
It observed that, in the event of non-attendance, the authorities could take any measure permissible in law.
Source reference: p. 11The Court did not grant a substantive ruling on the validity of the search authorisations or searches.
Source reference: p. 11Acts & Sections Cited
7 provisions across 2 statutes referred to in this judgment. Linked provisions open on LawLens.
Income-tax Act, 20254
Income Tax Act, 19613
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OBEDULLA AvsUNION OF INDIA
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