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Power of survey

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....h may be available at such place, (ii) to afford him the necessary facility to check or verify the cash, stock or other valuable article or thing which may be found therein, and (iii) to furnish such information as he may require as to any matter which may be useful for, or relevant to, any proceeding under this Act. Explanation.-For the purposes of this sub-section, a place where a business or profession 15[or activity for charitable purpose] is carried on shall also include any other place, whether any business or profession 15A[or activity for charitable purpose] is carried on therein or not, in which the person carrying on the business or profession 15B[or activity for charitable purpose] states that any of his books of account or other documents or any part of his cash or stock or other valuable article or thing relating to his business or profession 15C[or activity for charitable purpose] are or is kept. (2) An income-tax authority may enter any place of business or profession referred to in sub-section (1) only during the hours at which such place is open for the conduct of business or profession and, in the case of any other place, only after sunrise an....

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....on (2A).] (4) An income-tax authority acting under this section shall, on no account, remove or cause to be removed from the place wherein he has entered, 6[****] any cash, stock or other valuable article or thing. (5) Where, having regard to the nature and scale of expenditure incurred by an assessee, in connection with any function, ceremony or event, the income-tax authority is of the opinion that it is necessary or expedient so to do, he may, at any time after such function, ceremony or event, require the assessee by whom such expenditure has been incurred or any person who, in the opinion of the income-tax authority, is likely to possess information as respects the expenditure incurred, to furnish such information as he may require as to any matter which may be useful for, or relevant to, any proceeding under this Act and may have the statements of the assessee or any other person recorded and any statement so recorded may thereafter be used in evidence in any proceeding under this Act. (6) If a person under this section is required to afford facility to the income-tax authority to inspect books of account or other documents or to check or verify any cash, stock or other va....

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....ay be available at such place, and on the inspection of such accounts or documents he may, if he so deems necessary, place marks of identification thereon or cause to be made extracts therefrom: Provided that the Income-tax Officer or such Inspector of Income-tax may enter any place referred to in this section only during such hours as the place is open for the conduct of the business or profession: Provided further that while acting under this section the Income-tax Officer or such Inspector of Income-tax shall not remove or cause to be removed from the place which he has entered any books of account or other documents. (2) If a person who under sub-section (1) is required to afford facility to the Income-tax Officer or the Inspector of Income-tax to inspect books of account or other documents either refuses or evades to do so, the Income-tax Officer shall have all the powers under sub-sections (1) and (2) of section 131 for enforcing compliance of the requirement made." Earlier, Inserted vide Section 31 of the Finance Act, 1964 w.e.f. 01-04-1964 2. Inserted vide Section 28 of the Finance Act, 1995 w.e.f. 01-07-1995 3. Inserted vide Section 28 of the Finance A....

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....ess or profession is carried on, whether such place be the principal place or not of such business or profession, and require any proprietor, employee or any other person who may at that time and place be attending in any manner to, or helping in, the carrying on of such business or profession-" 15. Inserted vide Section 53 of the Finance Act 2017 w.e.f. 01-04-2017 15A. Inserted vide Section 53 of the Finance Act 2017 w.e.f. 01-04-2017 15B. Inserted vide Section 53 of the Finance Act 2017 w.e.f. 01-04-2017 15C. Inserted vide Section 53 of the Finance Act 2017 w.e.f. 01-04-2017 16. Substituted vide Section 65 of the Finance Act, 2020 w.e.f. 01-04-2020 before it was read as, "8[Provided that no action under sub-section (1) shall be taken by an Assistant Director or a Deputy Director or an Assessing Officer or a Tax Recovery Officer or an Inspector of Income-tax without obtaining the approval of the Joint Director or the Joint Commissioner, as the case may be.]" 17. Substituted vide Section 4 of the The Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act 2020 w.e.f. 01-11-2020 befor....