Powers of the Authorized Officers
Unlike action under section 133A which is generally restricted to business place, action under section 132 can cover any building, including residential buildings, place, vessel, vehicle or aircraft.
The action can commence at any time of day or night.
If keys are not available, authorized officer may break open lock of door, box, locker, safe, almirah or other receptacle.
He may also search a person who has got out of or about to get into the building, or is in possession of books of account, tangibles, etc.
He may inspect books of account or documents including electronic record.
He may seize books of account, documents, money, bullion, jewellery or valuable article or thing, other than stock-in-trade of business. However, he would not be justified in seizing assets which are disclosed to the Income-tax Department. Reference may be made to decision of Guwahati High Court in case of Rajesh Sharma vs. ACIT (168 CTR 231). The seized items are to be handed over to the Assessing Officer having jurisdiction over the assessee within 60 days from the date of last authorization. Immovable property cannot be seized — Reference — Decision of M.P. High Court in case of Bapurao vs. ADIT (247 ITR 98). The books and documents are not to be retained beyond 30 days from the date of relative assessment order unless reasons are recorded and approval is taken from Commissioner/Chief Commissioner/Director/Director General. Authorized officer is to allow assessee to take copies thereof.
In case it is not practicable to seize books, documents, money, bullion, jewellery or valuable article or thing, the Authorized Officer may serve a prohibitory order to the effect that such asset (other than stock-in-trade) shall not be removed or dealt with without his permission. Except as regards valuable article or thing not seized on account of their physical characteristics, the order shall not be considered as seizure and shall be in force for up to 60 days.
He may place marks of identification on books or documents or get copies thereof and also make inventory of money, bullion, jewellery or valuable article or thing.
The Authorized Officer may requisition services of police or other officer for this purpose.
He may examine on oath any person found in possession of books, documents, money, bullion, jewellery or valuable article or thing. There is rebuttable presumption that these assets belong to him and that contents of the books/documents are true.
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