Income Tax Act, 1961
Section 8: Ins. by Act 4 of 1988, s. 37 (w.e.f. 11989).
8. Ins. by Act 4 of 1988, s. 37 (w.e.f. 11989).
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(ii) that the contents of such books of account and other documents are true; and
(iii) that the signature and every other part of such books of account and other documents which
purport to be in the handwriting of any particular person or which may reasonably be assumed to
have been signed by, or to be in the handwriting of, any particular person, are in that person's
handwriting, and in the case of a document stamped, executed or attested, that it was duly stamped
and executed or attested by the person by whom it purports to have been so executed or attested.]
1* * * * *
(8) The books of account or other documents seized under sub-section (1) 2[or sub-section (1A)] shall
not be retained by the authorised officer for a period exceeding 3[thirty days from the date of the order of
assessment under 4[section 153A or clause (c) of section 158BC]] unless the reasons for retaining the
same are recorded by him in writing and the approval of the 5[6[Principal Chief Commissioner or Chief
Commissioner], 7[Principal Commissioner or Commissioner], 8[Principal Director General or Director
General] or 9[Principal Director or Director]] for such retention is obtained:
Provided that the 5[6[Principal Chief Commissioner or Chief Commissioner], 7[Principal
Commissioner or Commissioner], 8[Principal Director General or Director General] or 9[Principal
Director or Director]] shall not authorise the retention of the books of account and other documents for a
period exceeding thirty days after all the proceedings under the Indian Income-tax Act, 1922 (11 of
1922), or this Act in respect of the years for which the books of account or other documents are relevant
are completed.
10[(8A) An order under sub-section (3) shall not be in force for a period exceeding sixty days from the
date of the order.]
(9) The person from whose custody any books of account or other documents are seized under
sub-section (1) 2[or sub-section (1A)] may make copies thereof, or take extracts therefrom, in the presence
of the authorised officer or any other person empowered by him in this behalf, at such place and time as
the authorised officer may appoint in this behalf.
11[(9A) Where the authorised officer has no jurisdiction over the person referred to in clause (a) or
clause (b) or clause (c) of sub-section (1), the books of account or other documents, or any money,
bullion, jewellery or other valuable article or thing (hereafter in this section and in sections
132A and 132B referred to as the assets) seized under that sub-section shall be handed over by the
authorised officer to the Assessing Officer having jurisdiction over such person within a period of sixty
days from the date on which the last of the authorisations for search was executed and thereupon the
powers exercisable by the authorised officer under sub-section (8) or sub-section (9) shall be exercisable
by such Assessing Officer.]
12[(9B) Where, during the course of the search or seizure or within a period of sixty days from the
date on which the last of the authorisations for search was executed, the authorised officer, for reasons to
that the contents of such books of account and other documents are true; and
that the signature and every other part of such books of account and other documents which
purport to be in the handwriting of any particular person or which may reasonably be assumed to
have been signed by, or to be in the handwriting of, any particular person, are in that person's
handwriting, and in the case of a document stamped, executed or attested, that it was duly stamped
and executed or attested by the person by whom it purports to have been so executed or attested.]
1* * * * *
The books of account or other documents seized under sub-section
2[or sub-section
of section 158BC]] unless the reasons for retaining the
same are recorded by him in writing and the approval of the 5[6[Principal Chief Commissioner or Chief
Commissioner], 7[Principal Commissioner or Commissioner], 8[Principal Director General or Director
General] or 9[Principal Director or Director]] for such retention is obtained:
Provided that the 5[6[Principal Chief Commissioner or Chief Commissioner], 7[Principal
Commissioner or Commissioner], 8[Principal Director General or Director General] or 9[Principal
Director or Director]] shall not authorise the retention of the books of account and other documents for a
period exceeding thirty days after all the proceedings under the Indian Income-tax Act, 1922 (11 of
1922), or this Act in respect of the years for which the books of account or other documents are relevant
are completed.
10[
An order under sub-section
shall not be in force for a period exceeding sixty days from the
date of the order.]
The person from whose custody any books of account or other documents are seized under
sub-section
2[or sub-section
Where the authorised officer has no jurisdiction over the person referred to in clause
or
clause
or clause
of sub-section
or sub-section
shall be exercisable
by such Assessing Officer.]
12[
Where, during the course of the search or seizure or within a period of sixty days from the
date on which the last of the authorisations for search was executed, the authorised officer, for reasons to