2005 (3) TMI 56 - HC - Income Tax

Seizure books of account seized as contemplated under section 131(3) read with section 133A - retention of books - approval granted by the specified authority for retention of the documents - It is stated in all these approvals that assessment proceedings for the years 1994-95, 1995-96 and 1999-2000 are pending and hence, the books of accounts are needed - petitioner contended that the retention of books of account by the taxing authorities is in contravention of section 131(3) - it is difficult to hold that these approvals relied on by the Department are not genuine, and/or manufactured and/or do not contain the requirements of section 131(3) ibid. In my opinion, once it becomes an admitted fact that cases for some years are pending then retention is justified. It then satisfies the requirement of section 131(3) once the approval is obtained from the competent authority. - petition fails and is dismissed

Summary

Issues:
Challenge to the retention of books of account by taxing authorities under the Income-tax Act.

Analysis:
The petitioner challenged the retention of their books of account by the taxing authorities, contending that it contravened section 131(3) of the Income-tax Act. The petitioner sought a mandamus directing the respondents to return the books of account seized on a specific date. In response, the authorities relied on the proviso to section 131(3) and approvals granted by a specified authority for retaining the documents. These approvals were obtained for pending assessment proceedings for certain years, justifying the retention of the books of account.

The judge, after hearing arguments from both parties and examining the case record, found no merit in the petitioner's challenge. Despite the petitioner's criticism of the approval process and its contents, the judge did not accept the argument that the approvals were not genuine or did not meet the requirements of section 131(3). The judge emphasized that once it is established that cases for certain years are pending, the retention of books of account is justified upon obtaining approval from the competent authority. The judge noted that seeking extensions for retention should not be routine, and the assessing officer must ensure prompt disposal of pending cases to avoid harassment to the assessee and potential disciplinary action for negligence in duty.

Ultimately, the judge dismissed the petition, emphasizing that no further extensions beyond the current one should be sought, and the assessing officer must release the books of account once the pending cases are concluded. The judge highlighted the importance of expeditious case disposal and the duty of the Commissioner of Income-tax to monitor such cases to prevent unnecessary delays and ensure accountability among assessing officers. The judgment concluded with the dismissal of the petition without costs, underscoring the need for efficient handling of pending cases in tax matters.