India - Income Tax Act 2010 - Saarc

1.627 CH. XIII - INCOME-TAX AUTHORITIES - POWERS S. 132A22[Explanation 1.—For the purposes of sub-section (9A), “execution of anauthorisation for search” shall have the same meaning as assigned to it inExplanation 2 to section 158BE.]Explanation 2.—In this section, the word “proceeding” means any proceeding inrespect of any year, whether under the Indian Income-tax Act, 1922 (11 of 1922),or this Act, which may be pending on the date on which a search is authorisedunder this section or which may have been completed on or before such date andincludes also all proceedings under this Act which may be commenced after suchdate in respect of any year.]23[Powers to requisition books of account, etc.24132A. 25 (1) Where the 26 [Director General or Director] or the 27 [Chief Commissioneror Commissioner], in consequence of information in hispossession, has reason to believe that—(a) any person to whom a summons under sub-section (1) of section 37 ofthe Indian Income-tax Act, 1922 (11 of 1922), or under sub-section (1)of section 131 of this Act, or a notice under sub-section (4) of section22 of the Indian Income-tax Act, 1922, or under sub-section (1) ofsection 142 of this Act was issued to produce, or cause to be produced,any books of account or other documents has omitted or failed toproduce, or cause to be produced, such books of account or otherdocuments, as required by such summons or notice and the saidbooks of account or other documents have been taken into custodyby any officer or authority 28 under any other law for the time beingin force, or(b) any books of account or other documents will be useful for, orrelevant to, any proceeding under the Indian Income-tax Act, 1922 (11of 1922), or under this Act and any person to whom a summons ornotice as aforesaid has been or might be issued will not, or would not,produce or cause to be produced, such books of account or otherdocuments on the return of such books of account or other documentsby any officer or authority by whom or which such books ofaccount or other documents have been taken into custody under anyother law for the time being in force, or(c) any assets represent either wholly or partly income or property whichhas not been, or would not have been, disclosed for the purposes of22. Substituted by the Finance Act, 2002, w.e.f. 1-6-2002. Prior to its substitution, Explanation1, as amended by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984 andDirect Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989, read as under :“Explanation 1.—In computing the period referred to in sub-section (5) for the purposesof that sub-section, any period during which any proceeding under this section is stayedby an order or injunction of any court shall be excluded.”23. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.24. For relevant case laws, see Taxmann’s Master Guide to Income-tax Act.25. See rule 112D and Form No. 45C for form of authorisation under section 132A(1).26. Substituted for “Director of Inspection” by the Direct Tax Laws (Amendment) Act, 1987,w.e.f. 1-4-1988.27. Substituted for “Commissioner”, ibid.28. For the meaning of the term “authority”, see Taxmann’s Direct Taxes Manual, Vol. 3.