An assessing officer who is empowered to impound the books of Accounts has impounded the books of Accounts under section 131(3) of the Income Tax Act, 1961 without writing and retained such books for one month for in-dep

According to the proviso of section 131(3) of the Income Tax Act, 1961, an assessing officer, being an authority specified u/s 131(1), shall not: impound any books / documents without recording for doing so. retain such books of Accounts for a period more than 15 days working days without obtaining the approval of the Principal Commissioner/chief commissioner or Principal Director General or Director General or Principal commissioner or Commissioner or Principal Director or Director a therefore. In the given case, the Assessing Officer has not recorded his reasons in writing. Further, the facts of the case do not indicate if the Assessing Officer obtained the permission of the Principal Commissioner / chief commissioner or Principal Director General or Director General or Principal Commissioner or Commissioner or Principal Director or Director, before retaining the books of accounts for more than 15 days. Accordingly, the actions of assessing officer is not valid in the eye of law.