2002 (3) TMI 32 - HC - Income Tax

Summary

Issues Involved:
1. Power of Income-tax authority to impound documents during a survey u/s 133A.
2. Compliance with the Tribunal's order to release impounded documents post Settlement Commission's admission.
3. Legality of penalties imposed u/s 272A(1)(c).

Summary:

1. Power to Impound Documents During Survey u/s 133A:
The Tribunal held that the income-tax authority acted beyond its jurisdiction by impounding the books of account during the survey u/s 133A. The Tribunal emphasized that while the tax authorities have powers to inspect and make copies of documents, they do not have the power to remove or impound documents during such a survey. This interpretation aligns with the express prohibition in section 133A(4). The High Court upheld this view, citing various precedents that reinforce the prohibition against impounding documents during a survey.

2. Compliance with Tribunal's Order Post Settlement Commission's Admission:
The Tribunal directed the release of the impounded books of account and ordered a fresh assessment. The Department argued that the admission of the assessee's application by the Settlement Commission nullified the Tribunal's order. The High Court rejected this argument, stating that the Tribunal's order must be complied with as it was passed before the Settlement Commission's admission. The Court clarified that the Tribunal's directions remain valid and enforceable, and the assessing authority must comply with the order to release the impounded documents within fifteen days.

3. Legality of Penalties Imposed u/s 272A(1)(c):
The Tribunal canceled the penalties imposed on the assessee for non-compliance with summonses issued u/s 131. The High Court upheld this decision, noting that the assessment order was set aside due to procedural irregularities by the assessing authority. Consequently, the non-compliance by the assessee could not be penalized as it was a result of the improper conduct of the assessment proceedings.

Conclusion:
The High Court answered the reference in favor of the assessee and against the Revenue, rejecting the Department's references and dismissing the Department's writ petition. The Court allowed the assessee's writ petition, directing the assessing authority to comply with the Tribunal's order to release the impounded books of account. Further proceedings were to be conducted in accordance with the Settlement Commission's directions.