Delhi H.C : The respondents did not obtain the approval of the CIT for the retention of the documents within a period of 180 days from the date of the seizure. It is stated that there has been violation of the provisions of s. 132(8)

High Court Of Delhi

Khandani Shafakhana vs. Union Of India & Ors.

Section 132(8)

R.N. Aggarwal & C.L. Chaudhry, JJ.

Civil Writ No. 1469 of 1986

11th November, 1986

Counsel Appeared

D.V.S. Gupta, for the Petitioner : P.N. Misra and D.C. Taneja, for the Respondents

BY THE COURT :

Certain books of account and documents belonging to the petitioner, Khandani Shafakhana, were seized by the ITO on 20th Nov., 1981 and 25th Nov., 1981. The petitioner has challenged the legality of the seizure and retention order on the ground that the respondents did not obtain the approval of the CIT for the retention of the documents within a period of 180 days from the date of the seizure. It is stated that there has been violation of the provisions of s. 132(8) of the IT Act.

The respondents in their reply have placed on record certain documents showing that approval of the CIT was obtained for the retention of the documents. Learned counsel appearing for the Department contends that the Department has no objection to the return of the account books and the documents subject to the conditions that the Department at their own cost shall obtain photo copies of the relevant entries and the documents and they should be attested by the petitioner to be true copies. We see no reason to refuse the above request of the Department.

2. Without going into the merits of the petition, we direct that the respondents shall within 15 days from today prepare the photo copies of the relevant entries and documents and thereafter the books of account and the documents seized from the petitioner shall be returned to him after the petitioner certifies the photo copies to be true copies of his books of account and documents. The petition is disposed of. We leave the parties to bear their own costs.

[Citation : 175 ITR 408]

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