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Issues: Whether the Income-tax Department could retain the original will called for under section 131 of the Income-tax Act, 1961, and whether it had jurisdiction to decide the truth or genuineness of the will.
Analysis: The original will had been called for by notice under section 131, and reasons were recorded for retaining it for examination. However, the department's authority under section 131 did not extend to adjudicating on the truth or genuineness of the will. Since the document could be examined by taking a xerox copy, continued retention of the original was not justified.
Conclusion: The original will was directed to be returned to the petitioner, subject to an undertaking to produce it whenever called for. The writ petition was allowed.