1987 (3) TMI 106 - HC - Income Tax

Summary

Issues involved: Challenge to retention of documents seized u/s 132(1) of the Income-tax Act, 1961.

Judgment Summary:

The petitioner, an assessee to income-tax and wealth-tax, challenged the retention of documents seized under section 132(1) of the Income-tax Act, 1961. The Income-tax Department raided the premises and seized documents on specific dates. The Income-tax Officer passed an order for retention of documents. The petitioner's grievance was based on sub-section (8) of section 132, which sets conditions for retention of seized documents.

The court highlighted that for extended retention of seized documents, two conditions must be met: recording reasons in writing by the authorized officer and obtaining approval from the Commissioner. Failure to fulfill these conditions entitles the concerned person to the immediate return of the documents. The court referred to a Supreme Court case emphasizing the obligation to communicate reasons and Commissioner's approval to the assessee promptly.

In the present case, the documents were seized in 1984, and after 180 days, they were retained without communicating reasons and approval. As no intimation was given to the assessee, the extended retention was deemed illegal and unlawful. The court allowed the petition, directing the revenue authorities to return the documents within two weeks from the date of the court's writ, with no costs imposed.