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Section 133A – Income Tax Act, 1961

Income Tax Act, 1961

 

 

Section 133A. POWER OF SURVEY.

 

(1) Notwithstanding anything contained in any other provision of this Act, an income-tax authority may enter – (a) any place within the limits of the area assigned to him, or

 

(b) Any place occupied by any person in respect of whom he exercises jurisdiction, [(c) Any place in respect of which he is authorised for the purposes of this section by such income-tax authority, who is assigned the area within which such place is situated or who exercises jurisdiction in respect of any person occupying such place] at which a business 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 – 

 

(i) To afford him the necessary facility to inspect such books of account or other documents as he may require and which 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 is carried on shall also include any other place, whether any business or profession is carried on therein or not, in which the person carrying on the business or profession 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 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 and before sunset.

 

(3) An income-tax authority acting under this section may, – (i) if he so deems necessary, place marks of identification on the books of account or other documents inspected by him and make or cause to be made extracts or copies therefrom,

 

(ii) Make an inventory of any cash, stock or other valuable article or thing checked or verified by him,

 

(iii) Record the statement of any person which may be useful for, or relevant to, any proceeding under this Act.

 

(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, any books of account or other documents or 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 valuable article or thing or to furnish any information or to have his statement recorded, either refuses or evades to do so, the income-tax authority shall have all the powers under [Sub-section (1) of section 131] for enforcing compliance with the requirement made.

 

Explanation : In this section, – (a) “income-tax authority” means Commissioner, Joint Commissioner, a Director, a Joint Director, or an Assistant Director or Deputy Director or an Assessing Officer, and for the purposes of clause (i) of sub-section (1), clause (i) of sub-section (3) and sub-section (5), includes an Inspector of Income-tax, if so authorised by any such authority;

 

(b) “Proceeding” means any proceeding under this Act in respect of any year which may be pending on the date on which the powers under this section are exercised or which may have been completed on or before such date and includes also all proceedings under this Act which may be commenced after such date in respect of any year.

 

 

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Income Tax Act, 1961 

 

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