2010 (7) TMI 781

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.... of the learned single judge*, who has held that section 131(3) of the Income-tax Act, 1961 (hereinafter, referred to as "the Act" for brevity), does not enable the Chief Commissioner or other authority who has the power to extend the period and supplement it to an outer limit of 15 days to keep extending the period repeatedly.   2. The income-tax authorities conducted a survey of the prem....

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.... remaining books of account which they had summoned and handed over the same to them. The said books were not returned to the assessee as contemplated under law within 15 days. The assessee requested for return of books, which was not granted. In reply to the same, the petitioner was furnished with an order dated October 27, 2005, as per annexure C passed by the Commissioner of Income-tax, Bangalo....

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....ly for 15 days. The outer limit can be crossed with the prior approval of the higher authority and for relevant reasons and for reasonable period and not for indefinite period. The reasonable period that can constitute an outer limit is 15 days and, therefore, the extended period can supplement the normal 15 days period statutorily fixed by a few more days and not by a few months or a few more yea....

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....ed single judge is erroneous and requires to be interfered with.   5. From the facts set out above, it is clear that the survey was conducted on September 20, 2005. On September 21, 2005, in terms of the notice, the assessee handed over all the books of account. During the course of the survey, it is the Department which had taken away the books of account and other documents after making ....