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Survey, Search & Seizure | 45 |document had been found and not against any other person. As thepresumption u/s. 132(4A) was a rebuttable one and not a conclusiveone it could not be applied in the absence of corroborative evidence.j. Restriction on the power of retention of books of account or otherdocuments found during search [ Sub-Section (8) of Section 132 ]The books of account or other documents found during search shall notbe retained by the Authorized Officer after 30 days from the completionof assessment under section 153A (earlier section 158 BC) except with theapproval of the Director General, Director, Chief CIT or CIT, where suchapproval shall not be granted if all the proceedings under the Income TaxAct in respect of years to which these books of account or other documentspertains are completed.Section 132(10) provides the assessee a remedy incase of dissatisfactionwith the approval granted by the Director General, Director, Chief CIT orCIT for the extended retention of the books of account or other documentsas referred above, in such a case assessee make an application to the Boardstating therein the reasons for the said objection and the Board may, aftergiving the applicant an opportunity of being heard, pass the appropriateorders.K. Copies of extract of books of account and documents sec. 132(9)The person from whose custody any books of account or documents areseized may make copies or take extracts therefrom in the presence ofauthorized officer or any person empowered by him in his behalf, at suchplace and time as the authorized officer may appoint in this behalf.L. Where the Authorised Officer is not the Assessing Officer of theperson searched [Sub-section (9A) of section 132]Where the Authorised Officer have no jurisdiction over the personsearched i.e. where the search has been authorized under first proviso tosection 132(1), The Authorised Officer shall handover the books of account,other documents or any assets found as a result of search to the AssessingOfficer having jurisdiction over the person searched within a period of 60days from the date on which the last of the authorisations for search wasexecuted (earlier this period was 15 days from the seizure of such booksof account etc.), and thereupon the powers defined under sub-section 8 &sub-section 9 of section 132 shall be excised by such Assessing Officer.www.taxguru.in