<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1994 (6) TMI 204 - KERALA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=157416</link>
    <description>A taxing statute permitting seizure of business records allows continued retention only as a limited regulatory measure. Retention beyond thirty days becomes unauthorized unless the authority decides within that period that prosecution is contemplated and the documents are required for that purpose; the continued retention was therefore invalid. The Court also treated prompt communication of the retention decision as an essential safeguard against arbitrary deprivation, so non-communication within a reasonable time likewise vitiated the seizure. On the facts, the seized documents could not be lawfully retained, and their return was directed subject to taking extracts if necessary.</description>
    <language>en-us</language>
    <pubDate>Wed, 29 Jun 1994 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 05 Oct 2013 14:21:22 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=174440" rel="self" type="application/rss+xml"/>
    <item>
      <title>1994 (6) TMI 204 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=157416</link>
      <description>A taxing statute permitting seizure of business records allows continued retention only as a limited regulatory measure. Retention beyond thirty days becomes unauthorized unless the authority decides within that period that prosecution is contemplated and the documents are required for that purpose; the continued retention was therefore invalid. The Court also treated prompt communication of the retention decision as an essential safeguard against arbitrary deprivation, so non-communication within a reasonable time likewise vitiated the seizure. On the facts, the seized documents could not be lawfully retained, and their return was directed subject to taking extracts if necessary.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Wed, 29 Jun 1994 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=157416</guid>
    </item>
  </channel>
</rss>