9911796707
TMI Blog2004 (6) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... to return the books of account and materials seized - It would be open for the Revenue to retain xerox copies of the documents and books of account at their own cost, if so advised - - - - - Dated:- 30-6-2004 - Judge(s) : KALYAN JYOTI SENGUPTA. JUDGMENT Kalyan Jyoti Sengupta J. - The petitioner being a partnership firm and an assessee of the income-tax initially challenged the search warrant dated December 16, 1999, search and panchanama dated December 17, 1999, notice dated December 20, 2000, order dated December 29, 2000 and order dated December 14, 2001, and all proceedings, notices and orders relating thereto and thereunder. When the writ petition was filed the prayer made therein was very relevant. Now after affidavit-in-oppos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submits that the person authorising, as it appears from the affidavit-in-opposition, has no jurisdiction to pass any order of authorization as he is not the officer as contemplated under section 132(9A) of the aforesaid Act. Therefore, the order of authorisation itself is null and void. In support of his contention, he has referred to a decision of the Supreme Court reported in CIT v. K.V. Krishnaswamy Naidu and Co. [2001] 249 ITR 794. He further contends that in the affidavit-in-opposition no justification has been made out as to why the books of account and documents have been seized. Moreover, in contemplation of proceedings under section 158BD of the said Act further retention of the books of account and documents are not permissible ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Inspection (Investigation) [1974] 93 ITR 505. Under such circumstances, he contends that there is no question of release of the books of account and documents seized from the writ petitioner. Having heard the respective contentions of learned counsel, the admitted position in this case is that the partnership firm was not a noticee of the search warrant and seizure nor any panchanama was executed. It is a settled position of law, the partnership firm at least for the purpose of the Income-tax Act, 1961 (hereinafter referred to as "the said Act"), stands on a different footing from that of its partners, as it is a separate juristic legal entity. The place of the business of the partnership firm was not at the premises where search and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation for completion of block assessment in the case of the other person referred to in section 158BD shall be- (a) one year from the end of the month in which the notice under this Chapter was served on such other person in respect of search initiated or books of account or other documents or any assets requisitioned after the 30th day of June, 1995, but before the 1st day of January, 1997; and (b) two years from the end of the month in which the notice under this Chapter was served on such other person in respect of search initiated or books of account or other documents or any assets are requisitioned on or after the 1st day of January, 1997. Explanation 1. - In computing the period of limitation for the purposes of this section, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to proceed against the firm-petitioner, it should have served notice to proceed under section 158BC read with section 158BD of the Act. No such notice has been served. Accordingly, I hold that the respondent has no jurisdiction or authority to retain the books of account or other material seized. Therefore, I direct the respondents to return the books of account and materials seized. This shall be done within a period of 15 days from the date of communication of this order after making inventory of the seized documents, books of account and articles. It would be open for the Revenue to retain xerox copies of the documents and books of account at their own cost, if so advised. The Revenue shall pay the costs of this application assessed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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