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Download eBook on Survey, Search & Seizure under ... - TaxGuru

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| 28 | Voice of CA[Provided also that nothing c<strong>on</strong>tained in the sec<strong>on</strong>d proviso shall apply incase of any valuable article or thing, being stock-in-trade of the business:][Provided also that no authorizati<strong>on</strong> shall be issued by the Additi<strong>on</strong>alDirector or Additi<strong>on</strong>al Commissi<strong>on</strong>er or Joint Director or JointCommissi<strong>on</strong>er <strong>on</strong> or after the 1 st day of October, 2009 unless he has beenempowered by the board to do so.][(1A) Where any Chief Commissi<strong>on</strong>er or Commissi<strong>on</strong>er, in c<strong>on</strong>sequenceof informati<strong>on</strong> in his possessi<strong>on</strong>, has reas<strong>on</strong> to suspect that any books ofaccount, other documents, m<strong>on</strong>ey, bulli<strong>on</strong>, jewellery or other valuablearticle or thing in respect of which an officer has been authorised bythe Director General or Director or any other Chief Commissi<strong>on</strong>er orCommissi<strong>on</strong>er or any such *Joint Director or *Joint Commissi<strong>on</strong>er as maybe empowered in this behalf by the Board to take acti<strong>on</strong> <strong>under</strong> clauses (i)to (v) of sub-secti<strong>on</strong> (1) are or is kept in any building, place, vessel, vehicleor aircraft not menti<strong>on</strong>ed in the authorisati<strong>on</strong> <strong>under</strong> sub-secti<strong>on</strong> (1) suchChief Commissi<strong>on</strong>er or Commissi<strong>on</strong>er may, notwithstanding anythingc<strong>on</strong>tained in secti<strong>on</strong> 120 authorise the said officer to take acti<strong>on</strong> <strong>under</strong> anyof the clauses aforesaid in respect of such building, place, vessel, vehicle oraircraft.(2) The authorised officer may requisiti<strong>on</strong> the services of any police officeror of any officer of the Central Government, or of both, to assist him for allor any of the purposes specified in sub-secti<strong>on</strong> (1) or sub-secti<strong>on</strong> (1A) andit shall be the duty of every such officer to comply with such requisiti<strong>on</strong>.(3) The authorised officer may, where it is not practicable to seize anysuch books of account, other documents, m<strong>on</strong>ey, bulli<strong>on</strong>, jewellery orother valuable article or thing, for reas<strong>on</strong>s other than those menti<strong>on</strong>ed inthe sec<strong>on</strong>d proviso to sub-secti<strong>on</strong> (1), serve an order <strong>on</strong> the owner or thepers<strong>on</strong> who is in immediate possessi<strong>on</strong> or c<strong>on</strong>trol thereof that he shallnot remove, part with or otherwise deal with it except with the previouspermissi<strong>on</strong> of such officer and such officer may take such steps as may benecessary for ensuring compliance with this sub-secti<strong>on</strong>.[Explanati<strong>on</strong>.--For the removal of doubts, it is hereby declared that servingof an order as aforesaid <strong>under</strong> this sub-secti<strong>on</strong> shall not be deemed tobe seizure of such books of account, other documents, m<strong>on</strong>ey, bulli<strong>on</strong>,jewellery or other valuable article or thing <strong>under</strong> clause (iii) of sub-secti<strong>on</strong>(1).]

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