1986 (12) TMI 387

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..... ngle Judge pertains to the handing over of the seized account books to the respondents after every page of these account books was initialled and stamped with the official seal of the concerned authority and the respondents have to give an undertaking that they will make available the same to the authorities as and when authorities will require the same. 3. Mr. R.P. Bakshi appearing for the appellants had submitted that the orders of the learned Single Judge was without jurisdiction, because he has no competence to pass such an order in absolute terms. He has drawn our attention to section 132 of the Income-tax Act, 1961 ('the Act'). His contention is that account books can be retained by the Income-tax Department for 180 days an .....

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..... o allow the appellants to have inspection of these books in order to arrive at some conclusion about the undisclosed assets or income of an assessee, which has accepted the assessment. The object of retention of books is not to penalise the assessee or to confiscate the books for ever. The learned Single Judge has obtained an undertaking from the respondents to the effect that as and when Income-tax Department will require the record, they will make the same available to them. The appellants, have, therefore, not been rendered unable to have access to the record and the documents seized by them. Only a temporary custody was created by the learned Single Judge when the other side was heard in respect of the possession of the seized documents .....

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..... lso do not agree with Mr. Bakshi that the learned Single Judge has no power to pass such an order under section 132. Passing of any order in aid of seeking observation of the provisions of the Act would depend on the facts of each case. The learned Single Judge is seized of the matter, therefore, he has to decide the application as also the objections filed by the respondents on merits having regard to the facts and in the circumstances of the case. 8. We are sure that as and when Mr. Bakshi appears before him, the learned Single Judge would accord consideration to the objections of the appellants and thereafter pass orders as warranted under law. 9. We have not found any illegality or infirmity in the impugned orders. These do not de .....

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