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TMI BlogPower of search and seizureX X X X Extracts X X X X X X X X Extracts X X X X ..... ] disproportionate to his known assets, particulars of which will be useful for, or relevant to, any proceeding under this Act, then, (A) the 9 [Director-General or Director] or the 10 [Chief Commissioner or Commissioner], as the case may be, may authorise any 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 17 [Joint Director] or 18 [Joint Commissioner] may authorise any 19 [Assistant Director] 20 [or Deputy Director] or 21 [Assistant Commissioner [or Deputy Commissioner] or Income-tax Officer], (the officer so authorised in all cases being hereafter in this section referred to as the authorised officer) to (i) enter and search any building, place, vessel, vehicle or aircraft where he has reason to suspect that such books of account or other documents, 22 [money, bullion, jewellery or other valuable article or thing] are kept; (ii) search any person who has got out of, or is about to get into, or is in, the building, pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -section.] 32 (2) Where any 33 [Chief Commissioner or Commissioner], in consequence of information in his possession, has reason to suspect that any books of account or other documents, 34 [money, bullion, jewellery or other valuable article or thing] in respect of which an officer has been authorised by the 35 [Director General or Director] or any other 36 [Chief Commissioner or Commissioner] or any such 37 [Joint Director] or 38 [Joint Commissioner] as may be empowered in this behalf by the Board to take action under clauses (i) to (vi) of sub-section (1) are kept in any building, place, vessel, vehicle or aircraft not mentioned in the authorisation under sub-section (1), such 39 [Chief Commissioner or Commissioner] may, notwithstanding anything contained in 40 [section 8], authorise the said officer to take action under any of the clauses aforesaid in respect of such building, place, vessel, vehicle or aircraft. (3) 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) or sub-section (2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 43 [(5A) Where any money, bullion, jewellery or other valuable article or thing (hereafter in this section and in sections 37B and 37C referred to as the assets) is seized under sub-section (1) or sub-section (2), the Assessing Officer, after affording a reasonable opportunity to the person concerned of being heard and making such inquiry as may be prescribed, shall, within one hundred and twenty days of the seizure, make an order, with the previous approval of the 44 [Joint] Commissioner, (i) estimating the undisclosed net wealth 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 net wealth so estimated in accordance with the provisions of this Act; (iii) determining the amount of interest payable and the amount of any penalty imposable in accordance with the provisions of this Act, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor or, as the case may be, Commissioner] for such extension: Provided that the 49 [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 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.] (7) The person from whose custody any books of account or other documents are seized under sub-section (1) or sub-section (2) 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. (8) 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 seized under that sub-section shall be handed over by the authorised officer to the 50 [Assessing Officer] having jurisdiction over such person within a period of fifteen days of such seizure and ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings under this Act which may be commenced after such date in respect of any year.] -------------------- Notes:- 1. Sections 37A and 37B were substituted for original section 37A by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975 and original section 37A was inserted by the Wealth-tax (Amendment) Act, 1964, w.e.f. 1-4-1965. 2. See rule 10. 3. See rule 10(2)( a ), Form M. 4. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Director of Inspection" 5. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Commissioner" 6. Substituted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Before it was read as:- "Deputy Director" Earlier "Deputy Director" was substituted for "Deputy Director of Inspection" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 7. Substituted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Before it was read as:- "Deputy Commissioner" Earlier "Deputy Commissioner" was substituted for "Inspecting Assistant Commissioner" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 8. Sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mendment) Act,1987, w.e.f. 1-4-1989.befoe it was read as:- "articles or things including money" 24. Substituted vide Direct Tax Laws (Amendment) Act,1987, w.e.f. 1-4-1989 : "( iv ) seize any such books of account or other documents;" 25. Substituted vide Direct Tax Laws (Amendment) Act,1987, w.e.f. 1-4-1989. Before it was read as:- "any articles or things including money" 26. See rule 10(2)( b ) and Form M-1. 27. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Commissioner" 28. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Commissioner" 29. Substituted vide Direct Tax Laws (Amendment) Act, 1987 (as amended by the Finance Act,1988), w.e.f. 1-4-1988. Before it was read as:- "section 10" 30. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Commissioner" 31. Inserted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 32. See rule 10(2)( c ) and Form M-2. 33. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Commissioner" 34. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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