Section 132 - Search and seizure - Income-tax Act, 1961

1 [Search and seizure. 132. (1) 67 [ Where the 74 [Principal Director General or] Director General or 74 [Principal Director or] Director or the 74 [Principal Chief Commissioner or] Chief Commissioner or 74 [Principal Commissioner or] Commissioner or Additional Director or Additional Commissioner ] 68 [ or Joint Director or Joint Commissioner ] , in consequence of information in his possession, has reason to believe that- ( a ) any person to whom a summons under sub-section (1) of section 37 of the Indian Income tax Act, 1922 (11 of 1922), or under sub-section (1) of section 131 of this Act, or a notice under sub-section (4) of section 22 of the Indian Income tax Act, 1922, or under subsection (1) of section 142 of this Act was issued to produce, or cause to be produced, any books of account or other documents has omitted or failed to produce, or cause to be produced, such books of account or other documents as required by such summons or notice, or ( b ) any person to whom a summons or notice as aforesaid has been or might be issued will not, or would not, produce or cause to be produced, any books of account or other documents which will be useful for, or relevant to, any proceeding under the Indian Incometax Act, 1922 (11 of 1922), or under this Act, or ( c ) any person is in possession of any money, bullion, jewellery or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property 7 [which has not been, or would not be, disclosed] for the purposes of the Indian Income-tax Act, 1922 (11 of 1922), or this Act (hereinafter in this section referred to as the undisclosed income or property), 8 [then,- ( A ) the 9 [ 74 [Principal Director General or] Director General or 74 [Principal Director or] Director ] or the 10 [ 74 [Principal Chief Commissioner or] Chief Commissioner or 74 [Principal Commissioner or] Commissioner ], as the case may be, may authorise any 69 [ Additional Director or Additional Commissioner or ] 11 [ Joint Director ], 12 [ Joint Commissioner ] , 13 [ Assistant Director 14 [ or Deputy Director ]], 15 [ Assistant Commissioner 16 [ or Deputy Commissioner ] or Income-tax Officer ], or ( B ) such 70 [ Additional Director or Additional Commissioner or ] 17 [ Joint Director ] , or 18 [ Joint Commissioner ], as the case may be, may authorise any 19 [ Assistant Director 20 [ or Deputy Director ]], 21 [ Assistant Commissioner 22 [ or Deputy Commissioner ] or Income-tax Officer ], (the officer so authorised in all cases being hereinafter referred to as the authorised officer) to- ] ( i ) enter and search any 23 [ building, place, vessel, vehicle or aircraft] where he has reason to suspect that such books of account, other documents, money, bullion, jewellery or other valuable article or thing are kept; ( ii ) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause ( i ) where the keys thereof are not available; 24 [ ( iia ) search any person who has got out of, or is about to get into, or is in, the building, place, vessel, vehicle or aircraft, if the authorised officer has reason to suspect that such person has secreted about his person any such books of account, other documents, money, bullion, jewellery or other valuable article or thing; ] 25 [ ( iib ) require any person who is found to be in possession or control of any books of account or other documents maintained in the form of electronic record as defined in clause ( t ) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000), to afford the authorised officer the necessary facility to inspect such books of account or other documents; ] ( iii ) seize any such books of account, other documents, money, bullion, jewellery or other valuable article or thing found as a result of such search: 26 [Provided that bullion, jewellery or other valuable article or thing, being stock-in-trade of the business, found as a result of such search shall not be seized but the authorised officer shall make a note or inventory of such stock-in-trade of the business; ] ( iv ) place marks of identification on any books of account or other documents or make or cause to be made extracts or copies therefrom; ( v ) make a note or an inventory of any such money, bullion, jewellery or other valuable article or thing : 27 [Provided that where any building, place, vessel, vehicle or aircraft referred to in clause ( i ) is within the area of jurisdiction of any 28 [ 74 [Principal Chief Commissioner or] Chief Commissioner or 74 [Principal Commissioner or] Commissioner ] , but such 29 [ 74 [Principal Chief Commissioner or] Chief Commissioner or 74 [Principal Commissioner or] Commissioner ] has no jurisdiction over the person referred to in clause ( a ) or clause ( b ) or clause ( c ), then, notwithstanding anything contained in section 30 [ 120 ], it shall be competent for him to exercise the powers under this sub-section in all cases where he has reason to believe that any delay in getting the authorisation from the 31 [ 74 [Principal Chief Commissioner or] Chief Commissioner or 74 [Principal Commissioner or] Commissioner ] having jurisdiction over such person may be prejudicial to the interests of the revenue : ] 32 [Provided further that where it is not possible or practicable to take physical possession of any valuable article or thing and remove it to a safe place due to its volume, weight or other physical characteristics or due to its being of a dangerous nature, the authorised officer may serve an order on the owner or the person who is in immediate possession or control thereof that he shall not remove, part with or otherwise deal with it, except with the previous permission of such authorised officer and such action of the authorised officer shall be deemed to be seizure of such valuable article or thing under clause ( iii ): ] 33 [Provided also that nothing contained in the second proviso shall apply in case of any valuable article or thing, being stock-in-trade of the business. ] 71 [Provided also that no authorisation shall be issued by the Additional Director or Additional Commissioner or Joint Director or Joint Commissioner on or after the 1st day of October, 2009 unless he has been empowered by the Board to do so. ] 75 [ Explanation. For the removal of doubts, it is hereby declared that the reason to believe, as recorded by the income-tax authority under this sub-section, shall not be disclosed to any person or any authority or the Appellate Tribunal ] 34 [ (1A) Where any 35 [ 74 [Principal Chief Commissioner or] Chief Commissioner or 74 [Principal Commissioner or] Commissioner ], in consequence of information in his possession, has reason to suspect that any books of account, other documents, money, bullion, jewellery or other valuable article or thing in respect of which an officer has been authorised by the 36 [ 74 [Principal Director General or] Director General or 74 [Principal Director or] Director ] or any other 37 [ 74 [Principal Chief Commissioner or] Chief Commissioner ] 72 [ or 74 [Principal Commissioner or] Commissioner or Additional Director or Additional Commissioner ] 73 [ or Joint Director or Joint Commissioner ] to take action under clauses ( i ) to ( v ) of sub-section (1) are or is kept in any building, place, vessel, vehicle or aircraft not mentioned in the authorisation under sub-section (1), such 40 [ 74 [Principal Chief Commissioner or] Chief Commissioner or 74 [Principal Commissioner or] Commissioner ] may, notwithstanding anything contained in section 41 [ 120 ] , authorise the said officer to take action under any of the clauses aforesaid in respect of such building, place, vessel, vehicle or aircraft. ] 76 [ Explanation. For the removal of doubts, it is hereby declared that the reason to suspect, as recorded by the income-tax authority under this sub-section, shall not be disclosed to any person or any authority or the Appellate Tribunal . ] 80 [ (2) The authorised officer may requisition the services of, (i) any police officer or of any officer of the Central Government, or of both; or (ii) any person or entity as may be approved by the Principal Chief Commissioner or the Chief Commissioner or the Principal Director General or the Director General, in accordance with the procedure, as may be prescribed, in this regard, to assist him for all or any of the purposes specified in sub-section (1) or sub-section (1A) and it shall be the duty of every such officer or person or entity to comply with such requisition. ] (3) The authorised officer may, where it is not practicable to seize any such books of account, other documents, money, bullion, jewellery or other valuable article or thing, 43 [ for reasons other than those mentioned in the second proviso to sub-section (1), ] serve an order on the owner or the person who is in immediate possession or control thereof that he shall not remove, part with or otherwise deal with it except with the previous permission of such officer and such officer may take such steps as may be necessary for ensuring compliance with this sub-section. 44 [ Explanation . - For the removal of doubts, it is hereby declared that serving of an order as aforesaid under this sub-section shall not be deemed to be seizure of such books of account, other documents, money, bullion, jewellery or other valuable article or thing under clause ( iii ) of sub-section (1). ] (4) The authorised officer may, during the course of the search or seizure, examine on oath any person who is found to be in possession or control of any books of account, documents, money, bullion, jewellery or other valuable article or thing and any statement made by such person during such examination may thereafter be used in evidence in any proceeding under the Indian Income-tax Act, 1922 (11 of 1922), or under this Act. 45 [ Explanation . - For the removal of doubts, it is hereby declared that the examination of any person under this sub-section may be not merely in respect of any books of account, other documents or assets found as a result of the search, but also in respect of all matters relevant for the purposes of any investigation connected with any proceeding under the Indian Income-tax Act, 1922 (11 of 1922), or under this Act. ] 46 [ (4A) Where any books of account, other documents, money, bullion, jewellery or other valuable article or thing are or is found in the possession or control of any person in the course of a search, it may be presumed- ( i ) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person ; ( ii ) that the contents of such books of account and other documents are true ; and ( iii ) that the signature and every other part of such books of account and other documents which purport to be in the handwriting of any particular person or which may reasonably be assumed to have been signed by, or to be in the handwriting of, any particular person, are in that person's handwriting, and in the case of a document stamped, executed or attested, that it was duly stamped and executed or attested by the person by whom it purports to have been so executed or attested. ] (5) 47 [ *** ] (6) 48 [ *** ] (7) 49 [ *** ] (8) The books of account or other documents seized under sub-section (1) 50 [ or sub-section (1A)] shall not be retained by the authorised officer for a period exceeding 51 [ thirty days from the date of the 79 [ order of assessment or reassessment or recomputation under sub-section (3) of section 143 or section 144 or section 147 or ] 52 [ section 153A or ] clause ( c ) of section 158BC ] unless the reasons for retaining the same are recorded by him in writing and the approval of the 53 [ 74 [Principal Chief Commissioner or] Chief Commissioner, 74 [Principal Commissioner or] Commissioner, 74 [Principal Director General or] Director General or 74 [Principal Director or] Director ] for such retention is obtained : Provided that the 54 [ 74 [Principal Chief Commissioner or] Chief Commissioner, 74 [Principal Commissioner or] Commissioner, 74 [Principal Director General or] Director General or 74 [Principal Director or] Director ] shall not authorise the retention of the books of account and other documents for a period exceeding thirty days after all the proceedings under the Indian Income-tax Act, 1922 (11 of 1922), or this Act in respect of the years for which the books of account or other documents are relevant are completed. 55 [ (8A) An order under sub-section (3) shall not be in force for a period exceeding sixty days from the date of the order. ] (9) The person from whose custody any books of account or other documents are seized under sub-section (1) 56 [ or sub-section (1A) ] may make copies thereof, or take extracts therefrom, in the presence of the authorised officer or any other person empowered by him in this behalf, at such place and time as the authorised officer may appoint in this behalf. 57 [ (9A) Where the authorised officer has no jurisdiction over the person referred to in clause ( a ) or clause ( b ) or clause ( c ) of sub-section (1), the books of account or other documents, or any money, bullion, jewellery or other valuable article or thing (hereafter in this section and in sections 132A and 132B referred to as the assets) seized under that sub-section shall be handed over by the authorised officer to the Assessing Officer having jurisdiction over such person within a period of sixty days from the date on which the last of the authorisations for search was executed and thereupon the powers exercisable by the authorised officer under sub-section (8) or sub-section (9) shall be exercisable by such Assessing Officer. ] 77 [(9B) Where, during the course of the search or seizure or within a period of sixty days from the date on which the last of the authorisations for search was executed, the authorised officer, for reasons to be recorded in writing, is satisfied that for the purpose of protecting the interest of revenue, it is necessary so to do, he may with the previous approval of the Principal Director General or Director General or the Principal Director or Director, by order in writing, attach provisionally any property belonging to the assessee, and for the said purpose, the provisions of the Second Schedule shall, mutatis mutandis, apply. (9C) Every provisional attachment made under sub-section (9B) shall cease to have effect after the expiry of a period of six months from the date of the order referred to in sub-section (9B). 81 [ (9D) The authorised officer may, during the course of the search or seizure or within a period of sixty days from the date on which the last of the authorisations for search was executed, make a reference to, (i) a Valuation Officer referred to in section 142A; or (ii) any other person or entity or any valuer registered by or under any law for the time being in force, as may be approved by the Principal Chief Commissioner or the Chief Commissioner or the Principal Director General or the Director General, in accordance with the procedure, as may be prescribed, in this regard, who shall estimate the fair market value of the property in the manner as may be prescribed, and submit a report of the estimate to the authorised officer or the Assessing Officer, as the case may be, within a period of sixty days from the date of receipt of such reference. ] ] (10) If a person legally entitled to the books of account or other documents seized under sub-section (1) 58 [ or sub-section (1A) ] objects for any reason to the approval given by the 59 [ 74 [Principal Chief Commissioner or] Chief Commissioner, 74 [Principal Commissioner or] Commissioner, 74 [Principal Director General or] Director General or 74 [Principal Director or] Director ] under sub-section (8), he may make an application to the Board stating therein the reasons for such objection and requesting for the return of the books of account or other documents 60 [ and the Board may, after giving the applicant an opportunity of being heard, pass such orders as it thinks fit ] . (11) 61 [ *** ] (11A) 62 [ *** ] (12) 63 [ *** ] 64 [ (13) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizure shall apply, so far as may be, to searches and seizure under sub-section (1) or sub-section (1A). ] (14) The Board may make rules in relation to any search or seizure under this section ; in particular, and without prejudice to the generality of the foregoing power, such rules may provide for the procedure to be followed by the authorised officer- ( i ) for obtaining ingress into 65 [ any building, place, vessel, vehicle or aircraft ] to be searched where free ingress thereto is not available ; ( ii ) for ensuring safe custody of any books of account or other documents or assets seized. 82 [ Explanation 1. For the purposes of sub-sections (9A), (9B) and (9D), the last of authorisation for search shall be deemed to have been executed, (a) in the case of search, on the conclusion of search as recorded in the last panchnama drawn in relation to any person in whose case the warrant of authorisation has been issued; or (b) in the case of requisition under section 132A, on the actual receipt of the books of account or other documents or assets by the authorised officer. ] Explanation 2 .- In this section, the word proceeding means any proceeding in respect of any year, whether under the Indian Income-tax Act, 1922 (11 of 1922), or this Act, which may be pending on the date on which a search is authorised under this section or which may have been completed on or before such date and includes also all proceedings under this Act which may be commenced after such date in respect of any year. ] ************ Notes ;- 1. Substituted by the Income-tax (Amendment) Act, 1965, w.e.f. 12-3-1965. Earlier, section 132 was substituted by the Finance Act, 1964, w.e.f. 1-4-1964. Section 6 of the Amendment Act, 1965 has made the following independent provision : Validation of certain searches made.- Any search of a building or place by an Inspecting Assistant Commissioner or Income-tax Officer purported to have been made in pursuance of sub-section (1) of section 132 of the principal Act before the commencement of this Act shall be deemed to have been made in accordance with the provisions of that sub-section as amended by this Act as if those provisions were in force on the day the search was made and shall not be called in question before any court of law or any other authority merely on the ground- (i) that the Inspecting Assistant Commissioner or the Income-tax Officer made such search with the assistance of any other person; or (ii) that no proceeding under the Indian Income-tax Act, 1922 (11 of 1922), or the principal Act was pending against the person concerned when the search was authorised under the said sub-section. 2. Substituted for Director of Inspection by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 3. Substituted for Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 4. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. 5. Substituted for Deputy Director by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Earlier Deputy Director was substituted for Deputy Director of Inspection by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 6. Substituted for Deputy Commissioner by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Earlier Deputy Commissioner was substituted for Inspecting Assistant Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 7. Substituted for which has not been disclosed by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. 8. Substituted for he may authorise any Deputy Director of Inspection, Inspecting Assistant Commissioner, Assistant Director of Inspection or Income-tax Officer (hereinafter referred to as the authorised officer) to- by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. 9. Substituted for Director of Inspection by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 10. Substituted for Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 11. Substituted for Deputy Director by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Earlier Deputy Director was substituted for Deputy Director of Inspection by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 12. Substituted for Deputy Commissioner by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Earlier Deputy Commissioner was substituted for Inspecting Assistant Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 13. Substituted for Assistant Director of Inspection by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 14. Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. 15. Substituted for or Income-tax Officer by the Direct Tax Laws (Amendment) Act, 1987 (as amended by the Finance Act, 1988), w.e.f. 1-4-1988. 16. Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. 17. Substituted for Deputy Director by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Earlier Deputy Director was substituted for Deputy Director of Inspection by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 18 . Substituted for Deputy Commissioner by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Earlier Deputy Commissioner was substituted for Inspecting Assistant Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 19. Substituted for Assistant Director of Inspection by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 20. Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. 21. Substituted for or Income-tax Officer by the Direct Tax Laws (Amendment) Act, 1987 (as amended by the Finance Act, 1988), w.e.f. 1-4-1988. 22. Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. 23. Substituted for building or place by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. 24. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. 25. Inserted by the Finance Act, 2002, w.e.f. 1-6-2002. 26. Inserted by the Finance Act, 2003, w.e.f. 1-6-2003. 27. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. See rule 112(2)(b) and Form No. 45A for form of authorisation for search and seizure. 28. Substituted for Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 29. Substituted for Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 30. Substituted for 121 by the Direct Tax Laws (Amendment) Act, 1987 (as amended by the Finance Act, 1988), w.e.f. 1-4-1988. 31. Substituted for Commissioner by the Direct Tax Laws (Amendment) Act, 1987 (as amended by the Finance Act, 1988), w.e.f. 1-4-1988. 32. Inserted by the Finance Act, 1988, w.e.f. 1-4-1989. 33. Inserted by the Finance Act, 2003, w.e.f. 1-6-2003. 34. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. See rule 112(2)(c) and Form No. 45B. 35. Substituted for Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 36. Substituted for Director of Inspection by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 37. Substituted for Commissioner , by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 38. Substituted for Deputy Director by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Earlier Deputy Director was substituted for Deputy Director of Inspection by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 39. Substituted for Deputy Commissioner by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Earlier Deputy Commissioner was substituted for Inspecting Assistant Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 40 . Substituted for Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 41. Substituted for 121 by the Direct Tax Laws (Amendment) Act, 1987 (as amended by the Finance Act, 1988), w.e.f. 1-4-1988. 42. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. 43. Inserted by the Finance Act, 1988, w.e.f. 1-4-1989. 44. Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 45. Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 46. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. 47. Omitted by the Finance Act, 2002, w.e.f. 1-6-2002. Prior to its omission, sub-section (5), as amended by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975, Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984, Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988, Finance Act, 1995, w.e.f. 1-7-1995 and Finance (No. 2) Act, 1998, w.e.f. 1-10-1998, read as under : (5) Where any money, bullion, jewellery or other valuable article or thing (hereafter in this section and in sections 132A and 132B referred to as the assets) is seized under sub-section (1) or sub-section (1A), as a result of a search initiated or requisition made before the 1st day of July, 1995, the Income-tax Officer, after affording a reasonable opportunity to the person concerned of being heard and making such enquiry as may be prescribed , shall, within one hundred and twenty days of the seizure, make an order, with the previous approval of the Joint Commissioner,- (i) estimating the undisclosed income (including the income from the undisclosed property) in a summary manner to the best of his judgment on the basis of such materials as are available with him ; (ii) calculating the amount of tax on the income so estimated in accordance with the provisions of the Indian Income-tax Act, 1922 (11 of 1922), or this Act ; (iia) determining the amount of interest payable and the amount of penalty imposable in accordance with the provisions of the Indian Income-tax Act, 1922 (11 of 1922), or this Act, as if the order had been the order of regular assessment ; (iii) specifying the amount that will be required to satisfy any existing liability under this Act and any one or more of the Acts specified in clause (a) of sub-section (1) of section 230A in respect of which such person is in default or is deemed to be in default, and retain in his custody such assets/or part thereof as are in his opinion sufficient to satisfy the aggregate of the amounts referred to in clauses (ii), (iia) and (iii) and forthwith release the remaining portion, if any, of the assets to the person from whose custody they were seized : Provided that if, after taking into account the materials available with him, the Income-tax Officer is of the view that it is not possible to ascertain to which particular previous year or years such income or any part thereof relates, he may calculate the tax on such income or part, as the case may be, as if such income or part were the total income chargeable to tax at the rates in force in the financial year in which the assets were seized and may also determine the interest or penalty, if any, payable or imposable accordingly : Provided further that where a person has paid or made satisfactory arrangements for payment of all the amounts referred to in clauses (ii), (iia) and (iii) or any part thereof, the Income-tax Officer may, with the previous approval of the Chief Commissioner or Commissioner, release the assets or such part thereof as he may deem fit in the circumstances of the case. See rules 112A and 112B. 48. Omitted by the Finance Act, 2002, w.e.f. 1-6-2002. Prior to its omission, sub-section (6), as amended by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975, read as under : (6) The assets retained under sub-section (5) may be dealt with in accordance with the provisions of section 132B. 49. Omitted by the Finance Act, 2002, w.e.f. 1-6-2002. Prior to its omission, sub-section (7) read as under : (7) If the Income-tax Officer is satisfied that the seized assets or any part thereof were held by such person, for or on behalf of any other person, the Income-tax Officer may proceed under sub-section (5) against such other person and all the provisions of this section shall apply accordingly. 50. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. 51. Substituted for one hundred and eighty days from the date of the seizure by the Finance Act, 2002, w.e.f. 1-6-2002. 52. Inserted by the Finance Act, 2003, w.e.f. 1-6-2003. 53. Substituted for Chief Commissioner or Commissioner by the Finance Act, 1997, w.r.e.f. 1-10-1996. Earlier Chief Commissioner or Commissioner was substituted for Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 54. Substituted for Chief Commissioner or Commissioner by the Finance Act, 1997, w.r.e.f. 1-10-1996. Earlier Chief Commissioner or Commissioner was substituted for Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 55. Substituted by the Finance Act, 2002, w.e.f. 1-6-2002. Prior to its substitution, sub-section (8A), as inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989 and amended by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991, read as under : (8A) An order under sub-section (3) shall not be in force for a period exceeding sixty days from the date of the order, except where the authorised officer, for reasons to be recorded by him in writing, extends the period of operation of the order beyond sixty days, after obtaining the approval of the Director or, as the case may be, Commissioner for such extension : Provided that the Director or, as the case may be, Commissioner shall not approve the extension of the period for any period beyond the expiry of thirty days after the completion of all the proceedings under this Act in respect of the years for which the books of account, other documents, money, bullion, jewellery or other valuable articles or things are relevant. 56. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. 57. Substituted by the Finance Act, 2002, w.e.f. 1-6-2002. Prior to its substitution, sub-section (9A), as inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975, read as under : (9A) Where the authorised officer has no jurisdiction over the person referred to in clause (a) or clause (b) or clause (c) of sub-section (1), the books of account or other documents or assets seized under that sub-section shall be handed over by the authorised officer to the Income-tax Officer* having jurisdiction over such person within a period of fifteen days of such seizure and thereupon the powers exercisable by the authorised officer under sub-section (8) or sub-section (9) shall be exercisable by such Income-tax Officer*. *Should be Assessing Officer. 58. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. 59. Substituted for Chief Commissioner or Commissioner by the Finance Act, 1997, w.r.e.f. 1-10-1996. Earlier Chief Commissioner or Commissioner was substituted for Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 60. Inserted by the Finance Act, 2002, w.e.f. 1-6-2002. 61. Omitted by the Finance Act, 2002, w.e.f. 1-6-2002. Prior to its omission, sub-section (11), as amended by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984 and Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988, read as under : (11) If any person objects for any reason to an order made under sub-section (5), he may, within thirty days of the date of such order, make an application to the Chief Commissioner or Commissioner, stating therein the reasons for such objection and requesting for appropriate relief in the matter. 62. 21. Omitted by the Finance Act, 2002, w.e.f. 1-6-2002. Prior to its omission, sub-section (11A), as inserted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984 and amended by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988, read as under : (11A) Every application referred to in sub-section (11) which is pending immediately before the 1st day of October, 1984, before an authority notified under that sub-section as it stood immediately before that day shall stand transferred on that day to the Chief Commissioner or Commissioner, and the Chief Commissioner or Commissioner may proceed with such application from the stage at which it was on that day : Provided that the applicant may demand that before proceeding further with the application, he be reheard. 63. Omitted by the Finance Act, 2002, w.e.f. 1-6-2002. Prior to its omission, sub-section (12), as amended by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984 and Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988, read as under : (12) On receipt of the application under sub-section (10) the Board, or on receipt of the application under sub-section (11) the Chief Commissioner or Commissioner, may, after giving the applicant an opportunity of being heard, pass such orders as it or he thinks fit. 64. Substituted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. 65. Substituted for such building or place by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. 66. Substituted by the Finance Act, 2002, w.e.f. 1-6-2002. Prior to its substitution Explanation 1, as amended by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984 and Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989, read as under : Explanation 1.- Incomputing the period referred to in sub-section (5) for the purposes of that sub-section, any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded. 67. Substituted vide Finance (No.2) Act, 2009, w.e.f. 1-06-1994, before it was read as, Where the 2 [ Director General or Director ] or the 3 [ Chief Commissioner or Commissioner ] 4 [ or any such 5 [ Joint Director ] or 6 [ Joint Commissioner ] as may be empowered in this behalf by the Board ] 68. Inserted vide Finance (No.2) Act, 2009, w.e.f. 1-10-1998 69 . Inserted vide Finance (No.2) Act, 2009, w.e.f. 1-06-1994 70. Inserted vide Finance (No.2) Act, 2009, w.e.f. 1-06-1994 71. Inserted vide Finance (No.2) Act, 2009, w.e.f. 1-04-2009 72. Substituted vide Finance (No.2) Act, 2009, w.e.f. 1-06-1994, before it was read as, 37 [ or Commissioner ] or any such 38 [ Joint Director ] or 39 [ Joint Commissioner ] as may be empowered in this behalf by the Board. 73 Inserted vide Finance (No.2) Act, 2009, w.e.f. 1-10-1998 74. Inserted vide THE FINANCE (No. 2) ACT, 2014 w.e.f. 1st day of June, 2013 75. Inserted vide THE FINANCE ACT, 2017 w.e.f. 1st day of April, 1962. 76. Inserted vide THE FINANCE ACT, 2017 w.e.f. 1st day of October, 1975 77. Inserted vide THE FINANCE ACT, 2017 w.e.f. Ist day of April 2017. 78. Substituted vide THE FINANCE ACT, 2017 w.e.f. Ist day of April 2017 before it was read as, 66 [ Explanation 1.- For the purposes of sub-section (9A), execution of an authorisation for search shall have the same meaning as assigned to it in Explanation 2 to section 158BE. ] 79. Substituted vide Finance Act, 2022 w.e.f. 01-04-2022 before it was read as order of assessment under 80. Substituted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 before it was read as, (2) The authorised officer may requisition the services of any police officer or of any officer of the Central Government, or of both, to assist him for all or any of the purposes specified in sub-section (1) 42 [ or sub-section (1A) ] and it shall be the duty of every such officer to comply with such requisition. 81. Substituted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 before it was read as, (9D) The authorised officer may, during the course of the search or seizure or within a period of sixty days from the date on which the last of the authorisations for search was executed, make a reference to a Valuation Officer referred to in section 142A, who shall estimate the fair market value of the property in the manner provided under that section and submit a report of the estimate to the said officer within a period of sixty days from the date of receipt of such reference. 82. Substituted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2022 before it was read as, 78 [ Explanation 1. For the purposes of sub-sections (9A), (9B) and (9D), with respect to execution of an authorisation for search , the provisions of sub-section (2) of section 153B shall apply.]