1987 (3) TMI 106

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.... the premises of the company as well as the residential premises of the petitioner on November 13, 1984, and December 27, 1984, and seized certain documents during the course of the raid in exercise of power under subsection (1) of section 132 of the Act. Thereafter, the Income-tax Officer from Ward-B, Bhuj, passed an order under sub-section (5) of section 132 on March 4, 1985, exhibit " B " to the petition. The documents, account books, etc., are in the possession of the Income-tax Authorities since the date of their seizure on the aforesaid dates. The grievance made by the learned advocate for the petitioner is based on the language of sub-section (8) of section 132 of the Act. That subsection reads as under: " 132. (8) The books of....

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....the Board to give the applicant an opportunity of being heard and thereafter pass such orders as it may think fit. On a conjoint reading of the aforesaid sub-sections, it seems clear that the assessee must be communicated the reasons recorded by the authorised officer on the basis whereof the Commissioner granted the necessary approval. In CIT v. Oriental Rubber Works [1984] 145 ITR 477 (SC), precisely the same question came up for determination. The Supreme Court after considering the scheme of sub-sections (8), (10) and (12) of section 132 of the Act came to the conclusion that where books of accounts and documents of an assessee are seized in a search conducted pursuant to an authorisation issued under sub-section (1), such books of a....