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

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<strong>Survey</strong>, <strong>Search</strong> & <strong>Seizure</strong> | 75 |Sub rule (5) to Rule 112, Process of search.(5) Any pers<strong>on</strong> referred to in clause (iia) of sub-secti<strong>on</strong> (1) of secti<strong>on</strong> 132may be searched by the authorised officer with such assistance as hemay c<strong>on</strong>sider necessary. If such pers<strong>on</strong> is a woman, the search shall bemade by another woman with strict regard to decency.Sub rule (6) to Rule 112, Calling respectable pers<strong>on</strong>s.(6) Before making a search, the authorised officer shall,--(a) where a building or place is to be searched, call up<strong>on</strong> two or morerespectable inhabitants of the locality in which the building orplace to be searched is situate, and(b) where a vessel, vehicle or aircraft is to be searched, call up<strong>on</strong> anytwo or more respectable pers<strong>on</strong>s to attend and witness the searchand may issue an order in writing to them or any of them so to do.Sub rule (7) to Rule 112, Presence of witness.(7) The search shall be made in the presence of the witnesses aforesaid anda list of all things seized in the course of such search and of the places inwhich they were respectively found shall be prepared by the authorisedofficer and signed by such witnesses; but no pers<strong>on</strong> witnessing a searchshall be required to attend as a witness of the search in any proceedings<strong>under</strong> the Indian Income-tax Act, 1922 (11 of 1922), or the Act unlessspecially summ<strong>on</strong>ed.Sub rule (8) to Rule 112, Attendance of occupant of building orpremises.(8) The occupant of the building, place, vessel, vehicle or aircraftsearched, including the pers<strong>on</strong> in charge of such vessel, vehicle oraircraft, or some pers<strong>on</strong> <strong>on</strong> his behalf, shall be permitted to attendduring the search and a copy of the list prepared <strong>under</strong> sub-rule (7)shall be delivered to such occupant or pers<strong>on</strong>. A copy thereof shall beforwarded to the Chief Commissi<strong>on</strong>er or Commissi<strong>on</strong>er and, wherethe authorisati<strong>on</strong> has been issued by any officer other than the ChiefCommissi<strong>on</strong>er or Commissi<strong>on</strong>er, also to that officer.www.taxguru.in

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