Allowing the petition the Court held that documents impounded under section 131 had been retained beyond the period of fifteen days. No approval had been obtained by the Department from any of the officers mentioned in section 131(3) of the Act. Therefore the respondents could not under any circumstances retain the documents of title of the assessee. Court also observed that under section 131(3) of the Income-tax Act, 1961, the documents impounded can be retained in the custody of the Income-tax Department beyond 15 days only after obtaining the approval of the Principal Chief Commissioner or other officers named in the sub-section. 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 sub-section. Referred, Udaya Sounds v. PCIT (2022) 444 ITR 428 (Ker.)(HC). (AY. 2007-08 to 2011-12)
Muthukoya T. v. CIT (2022) 445 ITR 450 (Ker.)(HC)
S. 131 : Power-Discovery-Production of evidence-Survey-Impounding of documents-Retention beyond fifteen days without approval of higher Authority is not valid-Decision of approval must be communicated to the assessee. [S. 131(3), 133A]