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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 ..... nt 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, 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 or other documents, 23[money, bullion jewellery or other valuable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [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) and it shall be the duty of every such officer to comply with such requisition. 41[(3A) The authorised officer may, where it is not practicable to seize any books of account, other documents, money, bullion, jewellery or other valuable article or thing, 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 posses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ortunity 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, as if the order had been the order of regular assessment; (iv) specifying the amount that will be required to satisfy any existing liability under this Act 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 it in clauses (ii), (iii) and (iv) and forthwith release the remaining portion, if any, of the assets to the person from whose custody they were seized: Provided that where a person has paid or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed 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 thereupon the powers exercisable by the authorised officer under sub-section (6) or sub-section (7) shall be exercisable by such 51[Assessing Officer]. (9) If a person legally entitled to the books of account or other documents seized under sub-section (1) or sub-section (2) objects for any reason to the approval given by the 52[Chief Commissioner or Commissioner] under sub-section (6), 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. 53[(9A) If any person objects for any reason to an order made under sub-section (5A), he may, within thirty days from the da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 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" 9. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Director of Inspection" 10. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Commissioner" 11. 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. 1-10-1988. 12. 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore 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. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Before it was read as:- "articles or things including money" 35. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Director of Inspection" 36. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Commissioner" 37. Substituted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Befoe 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. 38. 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. 39. Substituted vide Direct Tax Laws ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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