Dr. B.P. Saraf D.K. Deshmukh, JJ.
G.M. Breweries Ltd. another..... Petitioners.
Versus
Union of India others..... Respondents.
Writ Petition No. 4989 of 1994, decided on 24-8-1999.
Advocates appeared :
G.S. Jetly with Atul Tungare, for the petitioners.
Headnote:Section 131(1)-Expression "for the purposes of the Act" means for the purposes of proceedings under the Act pending before the .concerned authority.-So far as the scope and ambit of Section 131(1) of the Income Tax Act is concerned, it is clear from a plain reading of the provision itself that the powers there under can be exercised only "for the purposes of the Act". The expression "for the purposes of the Act" must mean for the purposes of proceedings under the Act pending before the concerned authority. The powers given to the Income Tax Authorities under Section 131(1) are powers of the Court of law. While exercising these powers, the Income Tax Authorities Act in a quasi-judicial capacity. These powers must be exercised strictly for the purposes set out in sub-section (1) of Section 131 of the Act and not for any extraneous purposes. Powers under Section 131 can be exercised only if proceedings are pending before the authority concerned under the Income Tax Act. The same is the position under the Wealth Tax Act and the Gift Tax Act. Where the petitioners seriously challenged the exercise of the powers by the Income Tax Officer (TDS), Circle Thane and Income Tax Officer (TDS), rune, in issuing summons under Section 131/37/36 of the Income Tax Act, 1961 and none of the contentions of the petitioners in the writ petition had been challenged by the respondents by filing any affidavit nor the records had been produced and it was clear from the summons issued, the blanks had not been filled up nor the inapplicable portions scored out, total non-application of mind was manifest on the face of the summons and there was no appearance on behalf of the revenue to oppose the writ petition. Impugned summonses and all consequential notices for non-compliance of the same quashed.
2.When this writ petition came up for admission, notice before admission was issued to the respondents by this Court which was returnable on 16th December, 1994. Despite notice, no affidavit was filed by the respondents nor any of the contentions made by the petitioners were challenged even by producing the records. Under the circumstances, rule was issued and, by interim order dated 16th December, 1994, respondent No. 2, the Income Tax Officer (TDS) Circle-Thane and Respondent No. 3, the Income Tax Officer (TDS-1), Pune, were restrained from taking any steps in furtherance of the impugned summonses and letters. When the matter came up on board for hearing, it was noticed that no affidavit had been filed on behalf of the respondents. The respondents did not attend the hearing even through Counsel. The matter was adjourned to enable the revenue to attend the case. Now again the matter is on board for final hearing. So far as the revenue is concerned, the position remains the same. Neither there is any affidavit nor anybody appears for them.
3.We have heard Mr. G.S. Jetly, learned Counsel for the petitioners, who submits that issue of summonses in this case is wholly illegal and without jurisdiction in as much as no proceedings under the Income Tax Act or any of the other two enactments mentioned in the notice were pending before the two Income Tax Officers who had issued the same either in the matter of the assessee or any other person. Mr. Jetly also submits that there is gross misuse of power to issue summons. The learned Counsel pointed out that in the impugned summonses even the portions which are not applicable have not been struck off. It is contended that total non-application of mind before issue of summonses is glaring on the face of the summonses.
4. We have considered the above submissions. The two summonses which are subject matter of challenge in this case are set out below:
"Summons to Assessee/Witnesses under section 131/37/36 of the Income Tax Act, 1961/Wealth-Tax Act, 1957/Gift Tax Act, 1958.
P.A. No.--- Office of the Income Tax Officer Dated TDS Circle, Thane, Dt. 2/8/94
To,
G.M. Brewereies Ltd.
S. Veer Savarkar Marg,
Virar (E), Dist. Thane.
Whereas your attendance is required in