11.07.2015 Views

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

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

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>Survey</strong>, <strong>Search</strong> & <strong>Seizure</strong> | 73 |(b) the authorisati<strong>on</strong> <strong>under</strong> the proviso to sub-secti<strong>on</strong> (1) of secti<strong>on</strong>132 by the Chief Commissi<strong>on</strong>er or Commissi<strong>on</strong>er shall be in FormNo.45A;(c) the authorisati<strong>on</strong> <strong>under</strong> sub-secti<strong>on</strong> (1A) of secti<strong>on</strong> 132 by a ChiefCommissi<strong>on</strong>er or Commissi<strong>on</strong>er shall be in Form No.45B.(2A) Every authorisati<strong>on</strong> referred to in sub-rule (2) shall be in writing<strong>under</strong> the signature of the officer issuing the authorisati<strong>on</strong> and shall bearhis seal.Sub rule (3) to Rule 112, free ingress to be allowed to searching officers.(3) Any pers<strong>on</strong> in charge of or in any building, place, vessel, vehicleor aircraft authorised to be searched shall, <strong>on</strong> demand by the officerauthorised to exercise the powers of search and seizure <strong>under</strong> secti<strong>on</strong>132 (hereinafter referred to as the authorised officer) and <strong>on</strong> producti<strong>on</strong>of the authority, allow him free ingress thereto and afford all reas<strong>on</strong>ablefacilities for a search therein.Sub rule (4) to Rule 112, Course open where free ingress cannot beobtained.(4) If ingress into such building or place cannot be so obtained it shall belawful for the authorized officer executing the authority, with suchassistance of police officers or of officers of the Central Government, orof both, as may be required, to enter such building or place and searchtherein and in order to effect an entrance into such building or place, tobreak open any outer or inner door or window of any building or place,whether that of the pers<strong>on</strong> to be searched or of any other pers<strong>on</strong>, if afternotificati<strong>on</strong> of his authority and purpose and demand of admittanceduly made, he cannot otherwise obtain admittance:Provided that, if any such building or place is an apartment in actualoccupancy of a woman, who according to custom does not appear inpublic, the authorized officer shall, before entering such apartment,give notice to such woman that she is at liberty to withdraw and shallafford her every reas<strong>on</strong>able facility for withdrawing and may thenbreak open the apartment and enter it.www.taxguru.in

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!