Compiled by- Anup A. Mohabansi SEARCH UNDER INCOME –TAX ACT : POWERS OF AUTHORITIES

After proper investigation and enquiry if the Income Tax Authority believes that person has undisclosed Income / Asset then, they conduct Search u/s. 132

SEARCH PARTY CAN :- Enter any building / place / vessel / vehicle / aircraft Break upon any lock of any door / box / locker / safe / almirah Search any person Inspect book / documents Place marks of identification Take copies of Books / documents, back up of Computer data etc. Make inventory of money / bullion / jewellery / valuables Requisite service of police officers

Seize any books/ documents / money / bullion / jewellery / valuables Record Statements on oath Apply Seized Assets towards existing Tax Liabilities and post search Assessment Liabilities It is presumed by the Search party that : Books and assets in possession of the person belongs to that person Content of books / Documents are true Signature is in the handwriting of that person Document are attested/ stamped by that person

RIGHTS OF AN ASSESSEE To request for assistance of a consultant To check the search warrant To verify the identity of each member of the search party To make personal search of all members of the search party To insist on personal search of ladies being taken only by a lady To have at least two witnesses

To allow the children to go to school, after checking their bags To inspect the seals placed on various receptacles, sealed in course of search and subsequently at the time of reopening of the seals Verify inventory, valuation report prepared by the search party To call a medical practitioner in case of an emergency To have the facility of having meals etc. Ensure that the facts stated have been recorded correctly in the statements Have copy of the panchnama, inventory, statements

To have inspection of the sized books of accounts etc To have inspection of the sized books of accounts etc. or to take extract there from in the presence of any of the authorized officers To make an application, objecting to the approval given by the CIT for retention of books and documents To get back seized assets after assessment