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july 2009

Supreme Court of India · 2009-07-29

Income Tax Officer & Ors vs U.K.Mahapatra & Co & Ors

Citation / case number
AIRONLINE 2009 SC 498
Court
Supreme Court of India
Petitioner
Income Tax Officer & Ors
Respondent
U.K.Mahapatra & Co & Ors
Bench
Deepak Verma, S.B. Sinha

Judgment text excerpt

The Supreme Court directed the return of impounded books of account/documents seized under Section 133A of the Income Tax Act, emphasizing that the procedure laid down in the Act was not followed. The Court referenced prior rulings, including C/T v. Kamal & Co. and Pooran v. Director of Inspection, establishing that materials collected during illegal surveys can still be used for assessments. The Court ordered the return of documents within two weeks, allowing the appellants to obtain certified copies of the documents.

Income Tax Officer & Ors vs U.K.Mahapatra & Co & Ors · Niyam