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Survey, Search & Seizure | 9 |survey states that any of his books of accounts or other documents orany part of his cash or stock or other valuable article or thing relatingto his business or profession are or is kept.Thus it can be safely said that survey can not be conducted generallyas those places where neither any business nor any professionis carried out nor any documents, books, stock, cash etc. of anybusiness or profession is kept.POWeRSQ.6 Who is empowered to conduct Survey?Ans. As per section 133A(1), the power to conduct a survey has beenentrusted upon an Income Tax Authority. The expression IncomeTax Authority has, however, been defined by explanation (a) tosection 133A(6). As such the expression engulfs the following rank ofIncome Tax Authorities: -1. Commissioner 2. Joint Commissioner 3. Director4. Joint Director 5. Asstt. Director or Deputy Director6. Assessing Officer 7. TRO8. Inspector of Income TaxAmendments made vide Finance Budget 2011 to Sub section (7) ofsec. 92CA amended so as to provide the additional power of surveyu/s 133A to the TPO, for the purpose of determining the Arm’sLength Price.It is pertinent to mention here that the Finance Act,2003 haveenlarged the scope of the expression `Income Tax Authority’ byincluding the TRO within its ambit. It seems the Legislature hasbrought the above amendment to resolve the disputes pendingbefore various appellate authorities and also to confer the powerof survey to the TRO in respect of the assessee falling withinhis territorial jurisdiction for the purpose of obtaining facts notvoluntarily provided and to help him in realization of tax arrears.Further No survey can be conducted, Without Prior approval of theJoint or Additional Commissioner or Joint or Additional Director, by1. Assistant Director of Income Tax.2. Deputy Director of Income Tax.www.taxguru.in