Appeal challenging ITAT's order under Income-tax Act dismissed, upholding validity of handing over books of account

Digvijay Chemicals Ltd. Versus Assistant Commissioner Of Income-Tax

Digvijay Chemicals Ltd. Versus Assistant Commissioner Of Income-Tax - [2001] 248 ITR 381, 167 CTR 299, 118 TAXMANN 1 Issues involved: Appeal u/s 260A of the Income-tax Act, 1961 against the order of the Income-tax Appellate Tribunal, Delhi, dated August 31, 1999, on questions of law related to handing over of books of account, lawful satisfaction, requirement of recording satisfaction in writing, opportunity of hearing, validity of handing over documents, reliability of affidavits, and assessment of income.

Handing over of Books of Account: The search conducted in the premises led to seizure of documents related to the appellant, handed over to the Assessing Officer for assessment u/s 158BD. The appellant's argument that the material was handed over beyond the prescribed 15 days was dismissed, emphasizing that the provision aims to aid the Assessing Officer, not the assessee.

Lawful Satisfaction and Recording Requirement: The Deputy Commissioner was found to have sufficient satisfaction for handing over the books, with no specific requirement in section 158BD for written recording of such satisfaction. The court clarified that the satisfaction under section 158BD is an administrative order, not a quasi-judicial one.

Opportunity of Hearing and Valid Handover: There is no need to provide an opportunity of hearing before recording satisfaction u/s 158BD, as the assessee is entitled to a hearing before assessment. The books of account and documents were considered validly handed over to ensure a correct assessment of the appellant's income.

Reliability of Affidavits and Assessment: The Tribunal found certain amounts unexplained and added them to the appellant's income, despite affidavits and explanations provided by the appellant. The Tribunal's detailed analysis and findings were upheld, emphasizing that the court cannot interfere with findings of fact in the appeal.

Judgment and Dismissal: The appeal was dismissed based on the Tribunal's findings, distinguishing a previous Supreme Court decision where cash credits were explained. The court concluded that there was no merit in the appeal, upholding the Tribunal's decision.