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2010 (7) TMI 781 - HC - Income TaxExtension of period of retaining Books of account - Assessing Officer can retain the books of account only for 15 days. The outer limit can be crossed with the prior approval of the higher authority and for relevant reasons and for reasonable period and not for indefinite period. The reasonable period that can constitute an outer limit is 15 days and, therefore, the extended period can supplement the normal 15 days period statutorily fixed by a few more days and not by a few months or a few more years - Held that - learned single judge was justified in entertaining the writ petition, issuing a direction to return the books of account, appeal is dismissed
Issues: Interpretation of section 131(3) of the Income-tax Act, 1961 regarding the authority's power to extend the period for retaining books of account beyond the initial 15 days.
Analysis: 1. The Revenue appealed against a judgment stating that section 131(3) of the Income-tax Act does not permit authorities to repeatedly extend the period for retaining books of account beyond 15 days. The survey conducted on the respondent's premises led to the seizure of documents, and despite requests for return, the authorities extended the retention period multiple times, prompting the writ petition. 2. The learned judge concluded that section 131 allows for an outer limit of 15 days for retaining books of account, with any further extension requiring prior approval for relevant and reasonable reasons. Extending the period for months or years would violate statutory provisions. The judge directed the authorities to pay damages for misusing their power. The Revenue challenged this decision, arguing that section 132A permits a 30-day retention period extendable until the assessment is complete, which should influence the interpretation of section 131(3). 3. The Court found the Revenue's actions to be an abuse of power, as the survey took place in 2005, yet the assessment remained incomplete after five years. The authorities sought to continue retaining the books under section 131(3)(b) without valid grounds, leading to a clear misuse of statutory provisions. Consequently, the Court upheld the single judge's order to return the books of account and imposed damages of Rs. 25,000, dismissing the appeal as unjustified in the circumstances.
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