Clause 141 - Retention and release of books of account or documents seized or requisitioned - Direct Taxes Code Bill, 2009

Retention and release of books of account or documents seized or requisitioned 141. (1) The Authorised Officer shall hand over the books of account or document seized under section 139, within a period of sixty days from the date on which last of the authorisation for search was executed, to the Assessing Officer, if the authorised officer has no jurisdiction over the person from whom the books of accounts or documents were seized. (2) The Requisitioning Officer shall hand over the books of account or document delivered under section 140, within a period of sixty days from the date on which books of account or document were received, to the Assessing Officer, if the Requisitioning Officer has no jurisdiction over the person from whom the books of accounts or documents were taken into custody under any other law for the time being in force. (3) The officers, referred to in sub-sections (1) and (2), shall, on an application made by the person referred therein, allow him to make copies of, or take extracts from, the books of account or document seized or requisitioned. (4) The officers, referred to in sub-sections (1) and (2), may retain the books of account or documents, seized or requisitioned, up to a period of thirty days from the date of assessment under section 169. (5) The officers, referred to in sub-sections (1) and (2), may retain the books of accounts or documents seized beyond the period specified in sub-section (4) after obtaining the approval of the Chief Commissioner or Commissioner. (6) The Chief Commissioner, or Commissioner, shall not allow the retention of the books of account seized beyond a period of thirty days from the date on which the proceedings under this Code, for which such books of account or document are relevant, are completed. (7) The officer, referred to in sub-sections (1) and (2), may, with the approval of the Chief Commissioner or Commissioner, return any books of account or document before completion of assessment or any other relevant proceedings, after retaining a copy or extract of such books of account or document, if he is satisfied that the return of such books of account or document shall not adversely affect the interest of revenue.