| 74 | Voice of CASub rule (4A) to Rule 112, Ingress in to vessel, vehicle or aircraft.(4A) If ingress into any vessel, vehicle or aircraft authorized to be searchedcannot be obtained because such vessel, vehicle or aircraft is moving orfor any other reas<strong>on</strong>, it shall be lawful for the authorized officer with suchassistance of police officers or of officers of the Central Government or ofboth, as may be required, to stop any such vessel or vehicle or, in the caseof an aircraft, compel it to stop or land, and search any part of the vessel,vehicle or aircraft; and in order to effect an entrance into such vessel,vehicle or aircraft, to break open any outer or inner door or window of anysuch vessel, vehicle or aircraft, whether that of the pers<strong>on</strong> to be searched orof any other pers<strong>on</strong>, if after notificati<strong>on</strong> of his authority and purpose anddemand of admittance duly made, he cannot otherwise obtain admittance:Provided that if any such vessel, vehicle or aircraft is occupied by a woman,who according to custom does not appear in public, the authorised officershall, before entering such vessel, vehicle or aircraft, give notice to suchwoman that she is at liberty to withdraw and shall afford her everyreas<strong>on</strong>able facility for withdrawing.Sub rule (4B) to Rule 112, Allowing access to searching officer by openingbox, locker etc.(4B)The authorised officer may require any pers<strong>on</strong> who is the owner, orhas the immediate possessi<strong>on</strong>, or c<strong>on</strong>trol, of any box, locker, safe, almirahor any other receptacle situate in such building, place, vessel, vehicleor aircraft to open the same and allow access to inspect or examine itsc<strong>on</strong>tents, and where the keys thereof are not available or where suchpers<strong>on</strong> fails to comply with any such requirement, may cause any acti<strong>on</strong>to be taken including the breaking open of such box, locker, safe almirahor other receptacle which the authorised officer may deem necessary forcarrying out all or any of the purposes specified in the authority issued<strong>under</strong> sub-rule (2).Sub rule (4C) to Rule 112, Service of prohibiti<strong>on</strong> orders.(4C) The authorised officer may, where it is not practicable to seize them<strong>on</strong>ey, bulli<strong>on</strong>, jewellery or other valuable article or thing or any booksof account or document, serve an order <strong>on</strong> the owner or the pers<strong>on</strong> whois in immediate possessi<strong>on</strong> or c<strong>on</strong>trol thereof that he shall not remove,part with or otherwise deal with it except with the previous permissi<strong>on</strong>of the authorised officer, who may take such steps as may be necessary forensuring compliance with this sub-rule.
<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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