9911796707
TMI Blog2022 (6) TMI 243X X X X Extracts X X X X X X X X Extracts X X X X ..... rations, the premises of the petitioner was inspected on 17.02.2010, and on issuing summons to him to produce books of account and other original documents, petitioner produced various documents which were impounded under Section 131(3) of the Act. Subsequently, petitioner filed his returns and cleared the entire income tax dues in the year 2010 itself. However, petitioner complains that, respondents are not returning the original documents impounded by them. Petitioner further alleged that he was the Managing Partner of 'Agatti Island Beach Resort', Agatti, in the Union Territory of Lakshadweep and that after the documents were impounded, he filed his income tax returns for the financial years 2006-2007 to 2010-2011. It was pleaded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad no objection to release the document of title, if the petitioner clears the tax arrears or provides a sufficient bank guarantee for the tax amount. 4. In the reply affidavit filed by the petitioner, it was pleaded that the entire tax liability of the petitioner had been cleared after paying astronomical amounts as fines and penalty. According to the petitioner, the firm 'Agatti Island Beach Resort' was wound up in the year 2012 and that no demand has been made against him for the last 10 years and had there been any amount due from him, he could have taken the benefit under the 'Vivad Se Vishwas Scheme' launched by the Central Government. It was further pointed out that there was no provision under law to retain document ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court had observed that apart from obtaining orders of approval from the officers to retain the documents, there is an added obligation upon the department to communicate the orders to the assessee to enable retention of documents beyond the period specified in the said subsection. Though the said decision related to the retention of documents under Section 132(8), the principle laid down therein applies in all its rigour to the documents impounded under Section 131(3) as well in view of the mandate under section 131(3)(b) of the Act. In view of the above, respondents have acted illegally and with material irregularity in retaining the documents of title belonging to the petitioner. Accordingly, the respondents are directed to return the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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