PLYCAST DEL PRIVATE LIMITED Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) This petition was heard after a show cause notice was issued to respondents. On considering the reply we found that the petition could be disposed of without any further pleadings or affidavits. We accordingly heard both the learned counsel. We also found that the disposal of the petition could not be delayed.

(2.) We issue Rule D.B. and proceed to deal with the short point involved in the petition. The petitioner has challanged an order passed U/s 131 of the Income-Tax Act, 1961 op 23.9.82. The operative part of the order is that certain documents are retained in exercise of powers U/s 131. The documents are : "Journal Vouchers---Bank Voucher---"

(3.) The order was passed over three years ago. The poipt for decision is whether these documents can indefinitely be retained or whether there is a time limit. It is also claimed that the documents could have been retained only for 15 days without obtaining prior approval of the Commissioner of I. T. Yet another contention is that these vouchers pertain to sales and purchases made by the petitioner Company from and to suppliers and customers and these documents are required for reference. A parallel was also drawn with S. 132 of the Act and the judgment of Supreme Court in C.I.T. vs Oriental Rubber Works ( 1984 ) 145 TR 477 where conditions for retaining the seized documents were considered.