1986 (12) TMI 387

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....ice to the other side issued certain direction. The direction issued by the learned Single Judge pertains to the handing over of the seized account books to the respondents after every page of these account books was initialled and stamped with the official seal of the concerned authority and the respondents have to give an undertaking that they will make available the same to the authorities as and when authorities will require the same. 3. Mr. R.P. Bakshi appearing for the appellants had submitted that the orders of the learned Single Judge was without jurisdiction, because he has no competence to pass such an order in absolute terms. He has drawn our attention to section 132 of the Income-tax Act, 1961 ('the Act'). His content....

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....ned. The object of retention of books by the Income-tax Department up to 180 days is to allow the appellants to have inspection of these books in order to arrive at some conclusion about the undisclosed assets or income of an assessee, which has accepted the assessment. The object of retention of books is not to penalise the assessee or to confiscate the books for ever. The learned Single Judge has obtained an undertaking from the respondents to the effect that as and when Income-tax Department will require the record, they will make the same available to them. The appellants, have, therefore, not been rendered unable to have access to the record and the documents seized by them. Only a temporary custody was created by the learned Single Ju....