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

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| 68 | Voice of CA2. Sub – rule (2) of rule 112D states that the officer authorized to make arequisiti<strong>on</strong> <strong>under</strong> secti<strong>on</strong> 132A(1) shall make the requisiti<strong>on</strong> in writingand the requisiti<strong>on</strong> shall be accompanied by a copy of the authorizati<strong>on</strong>in Form No. 45C.3. Sub – rule (3) of rule 112D states that the delivering officer or authorityshall prepare a list of the books of accounts or other documentsdelivered to the requisiti<strong>on</strong> officer. All the things to be delivered shallbe placed in a package or packages which shall be listed with details ofsuch things. Every such package shall bear a Identificati<strong>on</strong> mark andseal of the requisiti<strong>on</strong>ing officer. A copy of the list prepared shall bedelivered to such pers<strong>on</strong> and a copy thereof shall also be forwarded bythe delivering officer to the requisiti<strong>on</strong>ing officer.4. Sub rule (4) of rule 112 D provides that the provisi<strong>on</strong> of -rules (11) to(14) (both inclusive) of rule 112 and of rule 112A, rule 112B and rule112C shall, so far as may be, apply as if the books of account, otherdocuments and assets delivered to the requisiti<strong>on</strong>ing officer <strong>under</strong>secti<strong>on</strong> 132A had been seized <strong>under</strong> sub-secti<strong>on</strong> (1) of secti<strong>on</strong> 132 bythe requisiti<strong>on</strong>ing officer from the custody of the assessee.Applicati<strong>on</strong> of seized or requisiti<strong>on</strong>ed assets .Secti<strong>on</strong> – 132B(1) The assets seized <strong>under</strong> secti<strong>on</strong> 132 or requisiti<strong>on</strong>ed <strong>under</strong> secti<strong>on</strong>132A may be dealt with in the following manner, namely:(i) the amount of any existing liability <strong>under</strong> this Act, the Wealth-taxAct, 1957 (27 of 1957), the Expenditure-tax Act, 1987 (35 of 1987),the Gift-tax Act, 1958 (18 of 1958) and the Interest-tax Act, 1974 (45of 1974), and the amount of the liability determined <strong>on</strong> completi<strong>on</strong>of the assessment [<strong>under</strong> secti<strong>on</strong> 153A and the assessment ofthe year relevant to the previous year in which search is initiatedor requisiti<strong>on</strong> is made, or the amount of liability determined <strong>on</strong>completi<strong>on</strong> of the assessment <strong>under</strong> Chapter XIV-B for the blockperiod, as the case may be] (including any penalty levied or interestpayable in c<strong>on</strong>necti<strong>on</strong> with such assessment) and in respect ofwhich such pers<strong>on</strong> is in default or is deemed to be in default, maybe recovered out of such assets:

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