India - Income Tax Act 2010 - Saarc

S. 132 I.T. ACT, 1961 1.618to be concealed, by any person or class of persons, within his jurisdiction, then,for the purposes of making any enquiry or investigation relating thereto, it shallbe competent for him to exercise the powers conferred under sub-section (1) onthe income-tax authorities referred to in that sub-section, notwithstanding thatno proceedings with respect to such person or class of persons are pending 48before him or any other income-tax authority.](2) [Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.](3) Subject to any rules made in this behalf, any authority referred to in subsection(1) 49 [or sub-section (1A)] may impound and retain in its custody for suchperiod as it thinks fit any books of account or other documents produced beforeit in any proceeding under this Act :Provided that an 50 [Assessing] Officer 49 [or an 51 [Assistant Director 52 [or DeputyDirector]]] shall not—(a) impound any books of account or other documents without recordinghis reasons for so doing, or(b) retain in his custody any such books or documents for a periodexceeding fifteen days (exclusive of holidays) without obtaining theapproval of the 53 [ 54 [Chief Commissioner or Director General orCommissioner or Director therefor, as the case may be.]]55[Search and seizure.56132. 57 (1) Where the 58 [Director General or Director] or the 59 [Chief Commissioneror Commissioner] 60 [or Additional Director or Additional Com-48. For the meaning of the expression “notwithstanding that....are pending”, see Taxmann’sDirect Taxes Manual, Vol. 3.49. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.50. Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1988.51. Substituted for “Assistant Director of Inspection” by the Direct Tax Laws (Amendment)Act, 1987, w.e.f. 1-4-1988.52. Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998.53. Substituted for “Commissioner” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1988.54. Substituted for “Chief Commissioner or Commissioner therefor” by the Finance Act, 1988,w.e.f. 1-6-1988.55. Substituted by the Income-tax (Amendment) Act, 1965, w.e.f. 12-3-1965. Earlier, section132 was substituted by the Finance Act, 1964, w.e.f. 1-4-1964. Section 6 of the AmendmentAct, 1965 has made the following independent provision :“Validation of certain searches made.—Any search of a building or place by an InspectingAssistant Commissioner or Income-tax Officer purported to have been made in pursuanceof sub-section (1) of section 132 of the principal Act before the commencement of this Actshall be deemed to have been made in accordance with the provisions of that sub-sectionas amended by this Act as if those provisions were in force on the day the search was madeand shall not be called in question before any court of law or any other authority merelyon the ground—(i) that the Inspecting Assistant Commissioner or the Income-tax Officer made suchsearch with the assistance of any other person; or(Contd. on p. 1.619)