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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, or

(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,

 

1at which a business or profession or an activity for charitable purpose is carried on, whether such place be the principal place or not of such business or profession or of such activity for charitable purpose, and require any

proprietor, trustee, 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 or such activity for charitable purpose.

(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 2or activity for charitable purpose is carried on shall also include any other place, whether any business or profession  3or activity for

charitable purpose is carried on therein or not, in which the person carrying on the business or profession  4or 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 5or 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 and before sunset.

 

(2A) Without prejudice to the provisions of sub-section (1), an income-tax authority acting under this sub-section may for the purpose of verifying that tax has been deducted or collected at source in accordance with the

provisions under sub heading B of Chapter XVII or under sub-heading BB of Chapter XVII, as the case may be, enter, after sunrise and before sunset, any office, or any other place where business or profession is carried on,

within the limits of the area assigned to him, or 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, where

books of account or documents are kept and require the deductor or the collector or any other person who may at that time and place be attending in any manner to such work,––

 

(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, and

(ii) to furnish such information as he may require in relation to such matter.


(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,

[(ia)  impound and retain in his custody for such period as he thinks fit any books of account or other documents inspected by him:


Provided that such income-tax authority shall not-


(a) impound any books of account or other documents except after recording his reasons for so doing; or

(b) retain in his custody any such books of account or other documents for a period exceeding fifteen days (exclusive of holidays) without obtaining the approval of the Principal Chief Commissioner or the Chief Commissioner

or the Principal Director General or the Director General or the Principal Commissioner or the Commissioner or the Principal Director or the Director therefor, as the case may be,


(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.


Provided that no action under clause (ia) or clause (ii) shall be taken by an income-tax authority acting under sub-section (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, 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 :

 

7["Provided that no action under this section shall be taken by an income-tax authority without the approval of the Principal Director General or the Director General or the Principal Chief Commissioner or the Chief Commissioner."]                                                                                                                                                                                                                                                                                                                       

 Explanation.—In this section,—                                                                           

8[(a) "income-tax authority" means—

           (i) a Principal Commissioner or Commissioner, a Principal Director or Director, a Joint Commissioner or Joint Director, an Assistant Director or a Deputy Director or an Assessing Officer, or a Tax Recovery Officer; and

        (ii) includes an Inspector of Income-tax, for the purposes of clause (i) of sub-section (1), clause (i) of sub-section (3) and sub-section (5),

 

 who is subordinate to the Principal Director General of Income-tax (Investigation) or the Director General of Income-tax (Investigation) or the Principal Chief Commissioner of Income-tax (TDS) or the Chief

 Commissioner of Income-tax (TDS), as the case may be;']

 

   (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.


NOTE:-

1.Sub. for "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—" by the Finance Act, 2017, w.e.f. (1-4-2017).

2.Ins. by the Finance Act, 2017 (w.e.f. 1-4-2017).

3.Ins. by the Finance Act, 2017 (w.e.f. 1-4-2017).

4.Ins. by the Finance Act, 2017 (w.e.f. 1-4-2017).

5.Ins. by the Finance Act, 2017 (w.e.f. 1-4-2017).

6. Substituted by the Finance Act, 2020.

 

In section 133A, after sub-section (6) for the proviso;

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.

the following proviso shall be substituted namely;

Provided that––

 

(a) in a case where the information has been received from such authority, as may be prescribed, 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;

 

 (b) in any other case, no action under sub-section (1) shall be taken by a Joint Director or a Joint Commissioner or an Assistant Director or a Deputy Director or an 27 Assessing Officer or a Tax Recovery Officer or an Inspector of Income-tax without obtaining the approval of the Director or the Commissioner, as the case may be.”.

 

7. Substituted by Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 w.e.f 01.11.2020 Notification No 38/2020 dated 29/09/2020

in sub-section (6), for the proviso, the following proviso-

6[“Provided that––

(a) in a case where the information has been received from such authority, as may be prescribed, 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;

 

(b) in any other case, no action under sub-section (1) shall be taken by a Joint Director or a Joint Commissioner or 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 Director or the Commissioner, as the case may be.”.]

shall be substituted, namely:—

"Provided that no action under this section shall be taken by an income-tax authority without the approval of the Principal Director General or the Director General or the Principal Chief Commissioner or the Chief Commissioner."  

 

8.Substituted by Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 w.e.f 01.11.2020 Notification No 38/2020 dated 29/09/2020

for clause (a)-the following clause

 

'(a) "income-tax authority" means a Principal Commissioner or Commissioner, a Joint Commissioner, a Principal Director or Director, a Joint Director, an Assistant Director or a Deputy Director or an Assessing Officer, or a Tax Recovery 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;'

 

 shall be substituted, namely:—

'(a) "income-tax authority" means—

           (i) a Principal Commissioner or Commissioner, a Principal Director or Director, a Joint Commissioner or Joint Director, an Assistant Director or a Deputy Director or an Assessing Officer, or a Tax Recovery Officer; and

           (ii) includes an Inspector of Income-tax, for the purposes of clause (i) of sub-section (1), clause (i) of sub-section (3) and sub-section (5),

 

 who is subordinate to the Principal Director General of Income-tax (Investigation) or the Director General of Income-tax (Investigation) or the Principal Chief Commissioner of Income-tax (TDS) or the Chief Commissioner of

 Income-tax (TDS), as the case may be;'