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november 1983

Supreme Court of India · 1983-11-15

C.I.T. WEST BENGAL - III & ORS. ETC. vs ORIENTAL RUBBER WORKS ETC.

Citation / case number
SC 1973/60389
Court
Supreme Court of India
Petitioner
C.I.T. WEST BENGAL - III & ORS. ETC.
Respondent
ORIENTAL RUBBER WORKS ETC.
Author
V.D. TULZAPURKAR
Bench
V.D. TULZAPURKAR

Judgment text excerpt

The Supreme Court held that under Section 132(1) of the Income Tax Act, 1961, the Revenue must communicate the Commissioner's approval and recorded reasons for the retention of seized books beyond 180 days, as stipulated in Section 132(8). The Court found that the lack of such communication renders the retention unlawful, emphasizing that the concerned person must be informed to exercise their right to object under Section 132(10). The appeals by the Revenue were dismissed, affirming the High Court's ruling that the retention was illegal due to non-communication.

C.I.T. WEST BENGAL - III & ORS. ETC. vs ORIENTAL RUBBER WORKS ETC. · Niyam