1973 (3) TMI 18 - HC - Income Tax

The impugned notice in the instant case which is sought to be set aside by the issue of a writ in the nature of mandamus in the present proceedings is a summons under section 131 of the Income-tax Act, 1961, calling upon Sri Sarju Prosad Sharma to attend personally at the office of the Income-tax Officer to give evidence and to produce either personally or through an authorised representative the books of account and other documents specified on the reverse of the said summons - Whether a witness who is required to appear before Income-tax Officer under s. 131 is entitled to appear by authorised representatives Held, No

Summary

Issues:
1. Validity of a summons under section 131 of the Income-tax Act, 1961.
2. Right of a witness to be represented by an authorized representative during examination.
3. Authority of the Income-tax Officer to appoint an interpreter.

Analysis:
The judgment by GHOSH J. addresses the validity of a summons under section 131 of the Income-tax Act, 1961, calling a witness to attend personally and produce documents. The Income-tax Officer refused to allow the authorized representative of the witness to act as an interpreter during the examination. It was argued that the witness, a former partner of a dissolved firm, had no right to be represented in the examination. However, it was clarified that while a witness cannot be represented by a lawyer or representative, the firm being assessed has the right to be present and represented during assessment proceedings, including the examination of the witness.

Furthermore, the judgment highlights the authority of the Income-tax Officer to direct the appearance of witnesses and the production of documents, similar to the powers of a civil court under the Code of Civil Procedure. The appointment of an interpreter during the examination is deemed to be within the discretion of the Income-tax Officer, who may allow the witness to engage an independent interpreter or appoint one.

In conclusion, the judgment makes the rule nisi absolute to the extent that the impugned notice disallowing the attendance of an authorized representative on behalf of the assessee-firm is set aside. Each party is directed to bear their own costs, and all interim orders are vacated. The decision clarifies the rights of witnesses and the authority of the Income-tax Officer in conducting examinations and assessments under the Income-tax Act, 1961.