1986 (12) TMI 1

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....de, issued certain directions. The directions issued by the learned single judge pertain 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 the authorities will require the same. Mr. R. P. Bakshi, appearing for the appellants, has submitted that the orders of the learned single judge were 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 (for short hereinafter called "the Act"). His cont....

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....he provisions of section 132 of the Act are self-contained. 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 asset or income of an assessee which has escaped 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 the Income-tax Department will require the records, they will make the same available to them. The appellants have, therefore, not, been rendered unable to have access to the records and the documents seized by them. Only a ....