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TMI BlogSearch and seizureX X X X Extracts X X X X X X X X Extracts X X X X ..... use 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 ) su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thorised 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 remova ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 perso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner 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 [ *** ] 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 98, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner,- (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 : Provid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt) 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 s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 stay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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