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may 1970

Supreme Court of India · 1970-05-07

COMMISSIONER OF INCOME-TAX vs JAWAHAR LAL RASTOGI

Citation / case number
SC 1970/60085
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX
Respondent
JAWAHAR LAL RASTOGI
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the retention of seized documents beyond 180 days without recording reasons or obtaining approval from the Commissioner contravenes Section 132(8) of the Income Tax Act, 1961. The Court overruled the High Court's reliance on a previous decision, emphasizing that the power of search must be exercised strictly according to the law. The Court concluded that the retention of documents for 19 months was illegal due to the absence of necessary procedural compliance.

COMMISSIONER OF INCOME-TAX vs JAWAHAR LAL RASTOGI · Niyam