9911796707
TMI Blog2013 (1) TMI 266X X X X Extracts X X X X X X X X Extracts X X X X ..... of Income Tax (Investigation), Calicut on 14/02/2002. According to the petitioner, he requested for release of the books by Ext.P1 dated 28/01/2004 addressed to the ADIT (Investigation), specifically stating that those were required for preparation of the returns. When there was no response, a further letter dated 23/03/2004 was issued to the Income Tax Officer of the respective area for obtaining copies of the books. There was no response for some time; but by Ext.P3 dated 29/11/2005, the assessing officer issued notice under Section 148 of the Income Tax Act calling upon him to file the return within twenty days failing which assessment for the year 2001-02 shall be treated as escaped assessment. A similar notice was issued as Ext.P4 in respect of assessment year 2002-03 also on the said date. On receiving the said notice, petitioner again requested the Income Tax officer by letter dated 17/12/2005 stating that since the returns are to be filed, an opportunity should be granted to take copies of the seized documents to file the return of income. Without acceding to the said request, it is stated that by Ext.P6 dated 03/01/2006 the Income Tax Officer had again requested him to fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that too 50% of the said amount. On the other hand, Sri.Jose Joseph, learned Standing Counsel for the Department contends that though the documents were impounded after survey conducted in respect of assessment year 2001-02, the returns ought to have been filed on 31/08/2001 and the documents were impounded only on 14/02/2002. Therefore there is no justification in demanding any waiver of interest for the assessment year 2001-'02. In regard to the assessment year 2002-'03, though the documents were impounded on 14/03/2002 and returns ought to have been field on 31/8/2002, the request for release of documents Ext.P1 was issued only on 28/01/2004. Therefore, according to the learned Standing Counsel, if there was any genuine interest in filing returns, the petitioner could have filed the same within the stipulated time as far as 2001-'02 assessment year is concerned and in respect of the second return for the assessment year 2002-'03, there was no genuinity in requesting for the documents after the period stipulated. 8. It is further submitted that the application dated 23/03/2004 was for taking books of accounts for the purpose of sales tax assessment for the year 2000-'01. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tanding Counsel also relied upon the judgment in Univeral Trades Corporation v. Chief Commissioner of Income Tax & Ors. [(2001) 249 ITR 291(Ker)] in order to contend that a strict approach is required in the matter. 10. Having heard the counsel on either side, the only point that requires to be considered is whether the petitioner is entitled for waiver of interest for the entire period from 24/01/2004 onwards which is the date on which he requested the concerned officers to return the files. 11. The Chief Commissioner had considered the matter elaborately and found as under: "4. It is noted that the documents were impounded after a survey in the premises of the assessee. The survey had connection with action u/s.132, in the case of Thayampattil group of assessees, with which the assessee was connected. The jurisdiction over Thayampattil group was assigned to the Assessing Officer in Central Circle, Calicut, and the documents appear to have been in his custody because of this, and as the same was needed as an appeal was pending in that case. 5. The order impounding the documents had been passed on 14/02/2002, by the DIT (Investigation) Cali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ADIT (Inv.) Calicut who impounded the documents and then following up successively with the officer(s) to whom these were transferred. The assessee had the help of a Senior Chartered Accountant who is a seasoned professional to help it. I am not convinced that not following up the matter in time, was due to ignorance or incapability. Asking the ADIT who did not have the documents, to release the same and writing to his own assessing officer at Tirur for copies of the documents impounded only after receipt of notice u/s 148, and then again not incorporating the unaccounted transactions reflected by the impounded documents to compute the income, while filing the return, appear to be calculated moves. The delay in filing of return for the assessment year 2000-01 which was due by 31/08/2001 cannot be attributed to the survey on 24/01/2002 and impounding of documents following the same, as it is clear that the assessee did not consider it necessary to file the return of income in time. The due date for filing the return of income for the assessment year 2002-03 was 31/08/2002. If the assessee was really bothered about filing the return by the due date, it would have taken steps without ..... X X X X Extracts X X X X X X X X Extracts X X X X
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