1986 (12) TMI 1

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..... o 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 the authorities will require the same. Mr. R. P. Bakshi, appearing for the appellants, has submitted that the orders of the learned single judge were 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 (for short hereinafter called "the Act"). His contention is that account books can be retained by the Income-tax Department for 180 days and .....

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..... by the Income-tax Department up to 180 days is to allow the appellants to have inspection of these books in order to arrive at some conclusion about the undisclosed asset or income of an assessee which has escaped 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 the Income-tax Department will require the records, they will make the same available to them. The appellants have, therefore, not, been rendered unable to have access to the records and the documents seized by them. Only a temporary custody is created by the learned single judge till the other side was heard in res .....

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..... arned single judge. We also do not agree with Mr. Bakshi that the learned single judge has no power to pass such an order under section 132 of the Act. The passing of any order in aid of seeking observance of the provisions of the Income-tax Act would depend on the facts of each case. The learned single judge is seized of the matter and, therefore, he has to decide the application as also the objections filed by the respondents on merits having regard to the facts and circumstances of the case. 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. We have not found any illegality or infirmity .....

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