Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

PROCEDURE OF SEARCH AND SEIZURE [Section:- 132]

Income Tax - Search and Seizure - Procedure, Consequences and Impact - 02 - Authority who can issue order for search and seizure:- The principal Director General or Director General of Income Tax, or The principal Director or Director of Income Tax, or The principal Chief Commissioner or Chief Commissioner of Income Tax, or The principal Commissioner or commissioner of Income-Tax, or The Additional Director or Additional Commissioner, or The joint Director or Joint Commissioner of Income-tax. Th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

er so authorised is referred as Authorised Officer. The authorisation is done by issuing a search warrant in Form 45. When can search & seizure be authorized Authorization for search and seizure can take place if the authority on the basis of information in his possession, has reasons to believe that: The person to whom a summon or notice was issued to produce books of account or other documents under section 131 or section 142(1), has wilfully omitted or failed to produce such books of acco .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ason to believe is a condition precedent to search - 'Reason to believe' means the officer has faith or accepts a fact to exist. Belief must be genuine and not a mere pretence and has to be held in good faith and not a reason to suspect. [ITO v Lakshman Mewal Das (1976) 103 ITR 437 (SC)] Note:- The necessity of recording of reasons for conducting search u/s 132 acts as a cushion in event of challenge being made to satisfaction reached. Such reasons enable a proper judicial assessments of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d search any building, place, vessel, vehicle or aircraft where he has reasons to suspect that such books of account, other documents, money, bullion, jwellery or other valuable articles or things are kept; break open the lock of any door, box, locker, safe, almirah, where the keys thereof are not available. Search any person who has got out of, or is about to get into, or is in, the building, vessel, place, vehicle or aircraft, if the authorized officer has reasons to suspect that such person h .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

, 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 place marks of identification on any books of account or other documents or make or cause to be made extracts or copies therefrom; make a note or an inventory of any such money, bullion, jewellery or other valuable article or thing. Note:- Where the clien .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

to a safe place due to its volume, weight or other physical characteristics or due to its being of a dangerous nature, the authorized Officer may serve an order on the owner or the person who is in immediate possession thereof that he shall not remove, part with or otherwise deal with it except with the previous permission of such authorized Officer and such action of the authorized Officer shall be deemed to be seizure of such valuable article or thing. However, deemed / constructive seizure s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

y or other valuable article or thing in respect of which an officer has been authorised is kept in any building, place, vessel, vehicle or aircraft not mentioned above such officer may, notwithstanding anything contained in section 120, authorise the said officer to take action under any of the clauses aforesaid in respect of such building, place, vessel, vehicle or aircraft. Explanation. - For the removal of doubts, it is hereby declared that the reason to suspect, as recorded by the income-tax .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ficer to comply with such requisition. NOTE 3:- Order of Restraint [Section 132(3)]:- The authorized 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, for reasons other than mentioned in Note 1 above, serve an order on the owner or the person who is in immediate possession thereof that he shall not remove, part with or otherwise deal with it except with previous permission of authorized offi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tents of such books of account and documents are true and 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 are in that person s handwriting, and in the case of a document stamped, executed or attested, that it was duly stamped, executed or attested by the person by whom it purports to have been so executed or attested. 5. PERIOD OF RETENTION OF BOOKS OF ACCOUNT AND OTHER DOCUMENTS The books of acc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ver by the authorized officer to the Assessing Officer having jurisdiction over such person within a period of 60 days from the date on which search was completed. 7. Rights and duties of the person searched:- The person searched has the following rights- To see the warrant of authorization duly signed and sealed by the issuing authority. To verify the identity of each member of the search party. To make personal search of all members of the search party before the start of the search and on con .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lity of having meals, etc; at the normal time. To inspect the seals placed on various receptacles, sealed in course of search and subsequently at the time of reopening of the seals. Every person who is examined under section 132(4) has a right to ensure that the facts to stated by him have been recorded correctly. To have a copy of the panchnama together with all the annexures. To have a copy of any statement that is used against him by the Department. To have inspection of the seized books of a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he liability determined in the order under section 132(5). Duties of the person searched are:- To allow free and unhindered ingress into the premises. To see the warrant of authorization and put signature on the same. To identify all receptacles in which assets or books of account and documents are kept and to hand over keys to such receptacles to the authorized officer. To identify and explain the ownership of the assets, books of account and documents found in the premises. To identify every i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

roys any documents with the intention of preventing the same from being produced or used as evidence before the court or public servant, he shall be punishable with imprisonment or fine or both, in accordance with section 204 of the Indian Penal Code. To answer all queries truthfully and to the best of his knowledge. He should not allow any third party to either interfere or prompt while his statement is being recorded by the authorized officer. In doing so, he should keep in mind that- PENALTY .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ther documents, money, bullion, jewellery or other valuable article or things of the assessee are kept in any building, place, vessel, vehicle or aircraft not specified in the search warrant, then such Chief Commissioner or Commissioner may authorized the authorized officer to search such other building, place, vessel, vehicle or aircraft. Police assistance [Sec- 132(2)]:- The authorized officer may requisition the services of any police officer or any officer of Central Government or both to as .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ned in second proviso to section 132(1)], then in such a case the authorized officer may serve an order on the owner or the person who is in immediate possession or control of the books of account, etc., to the effect that such person shall not remove, part with or otherwise deal with it except with the prior permission of the authorized officer. Such authorized officer may take such steps as he deems necessary for proper compliance of his orders. Serving of aforesaid order is not to be deemed a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

fter be used in evidence in any proceeding under the Act. However, all persons who are found at place of search are not automatically covered by action under section 132. According to Explanation to sub-section (4) of section 132, the examination of any person may not be merely in respect of any books of account, documents or other assets found as a result of search but also in respect of all matters relevant for the purpose of any investigation, connected with any proceedings under the Act. Pre .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cuments which purports 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, executed or attested by the person by whom it purports to have been so executed or attested. Section 292C has been amended with retrospective effect from October 1, 1975 so as to extend this presumptions also to books of account, other documents or assets which have been delivered to the requisitioning of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r-General or Director is obtained/ Moreover, the Chief Commissioner, Commissioner, Director-General or Director cannot authorize the retention beyond 30 days after all the proceedings under the Act in respect of years for which books of account, etc., are relevant are completed. However, if the person legally entitled to the books of account or other documents, etc., objects to the approval given by the Chief Commissioner, Commissioner, Director-General or Director, he may make an application to .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nd at such place and time as the authorized officer may provide. Sec- 132(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 Asse .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version