Section 132A:
Powers to requisition books of account, etc.
1(1) Where the 2
3
Principal Director General
or Director General or 4
Principal Director or Director or the 5
6
Principal Chief Commissioner or
Chief Commissioner or 7
Principal Commissioner or Commissioner, in consequence of information in
his possession, has reason to believe that
(a) any person to whom a summons under sub-section (1) of section 37 of the Indian Income-tax
Act, 1922 (11 of 1922), or under sub-section (1) of section 131 of this Act, or a notice under
sub-section (4) of section 22 of the Indian Income-tax Act, 1922, or under sub-section (1) of section
142 of this Act was issued to produce, or cause to be produced, any books of account or other
documents has omitted or failed to produce, or cause to be produced, such books of account or other
documents, as required by such summons or notice and the said books of account or other documents
have been taken into custody by any officer or authority under any other law for the time being in
force, or
(b) any books of account or other documents will be useful for, or relevant to, any proceeding
under the Indian Income-tax Act, 1922 (11 of 1922), or under this Act and any person to whom a
summons or notice as aforesaid has been or might be issued will not, or would not, produce or cause
to be produced, such books of account or other documents on the return of such books of account or
other documents by any officer or authority by whom or which such books of account or other
documents have been taken into custody under any other law for the time being in force, or
(c) any assets represent either wholly or partly income or property which has not been, or would
not have been, disclosed for the purposes of the Indian Income-tax Act, 1922 (11 of 1922), or this Act
by any person from whose possession or control such assets have been taken into custody by any
officer or authority under any other law for the time being in force,
then, the 23
Principal Director General or Director General or 8
Principal Director or Director or the
56
Principal Chief Commissioner or Chief Commissioner or 7
Principal Commissioner or
Commissioner may authorise any 9
Additional Director, Additional Commissioner, 10Joint Director,
11Joint Commissioner, 12Assistant Director or Deputy Director or 13Assessing Officer hereafter in
this section and in sub-section (2) of section 278D referred to as the requisitioning officer to require the
officer or authority referred to in clause (a) or clause (b) or clause (c), as the case may be, to deliver such
books of account, other documents or assets to the requisitioning officer.
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Explanation:For the removal of doubts, it is hereby declared that the reason to believe, as
recorded y the income-tax authority under this sub-section, shall not be disclosed to any person or any
authority or the Appellate Tribunal.
(2) On a requisition being made under sub-section (1), the officer or authority referred to in clause (a)
or clause (b) or clause (c), as the case may be, of that sub-section shall deliver the books of account, other
documents or assets to the requisitioning officer either forthwith or when such officer or authority is of
the opinion that it is no longer necessary to retain the same in his or its custody.
(3) Where any books of account, other documents or assets have been delivered to the requisitioning
officer, the provisions of sub-sections (4A) to (14) (both inclusive) of section 132 and section 132B shall,
so far as may be, apply as if such books of account, other documents or assets had been seized under subsection (1) of section 132 by the requisitioning officer from the custody of the person referred to in clause
(a) or clause (b) or clause (c), as the case may be, of sub-section (1) of this section and as if for the words
the authorised officer occurring in any of the aforesaid sub-sections (4A) to (14), the words the
requisitioning officer were substituted.
Notes:
1. Ins. by Act 41 of 1975, s. 36 (w.e.f. 1-10-1975).
2. Subs. by Act 4 of 1988, s. 2, for Director of Inspection (w.e.f. 1-4-1988).
3. Subs. by Act 25 of 2014, s. 4, for Director General (w.r.e.f. 1-6-2013).
4. Subs. by s. 4, ibid., for Director (w.r.e.f. 1-6-2013).
5. Subs. by Act 4 of 1988, s. 2, for Commissioner (w.e.f. 1-4-1988).
6. Subs. by Act 25 of 2014, s. 4, for Chief Commissioner (w.r.e.f. 1-6-2013).
7. Subs. by s. 4, ibid., for Commissioner (w.r.e.f. 1-6-2013).
8. Subs. by s. 4, ibid., for Director (w.r.e.f. 1-6-2013).
9. Ins. by Act 33 of 2009, s. 52 (w.e.f. 1-6-1994).
10. Subs. by Act 21 of 1998, s. 3, for Deputy Director (w.e.f. 1-10-1998).
Earlier substituted as Deputy Director by
Act 4 of 1988, s. 2, for Deputy Director of Inspection (w.e.f. 1-4-1988).
11. Subs. by s. 3, ibid., for Deputy Commissioner (w.e.f. 1-10-1998).
Earlier substituted as Deputy Commissioner by
Act 4 of 1988, s. 2, for Inspecting Assistant Commissioner (w.e.f. 1-4-1988).
12. Subs. by s. 3, ibid., for Assistant Director (w.e.f. 1-10-1998). Earlier substituted as Assistant Director by
Act 4 of 1988, s. 2 for Assistant Director of Inspection (w.e.f. 1-4-1988).
13. Subs. by Act 4 of 1988, s. 2, for Income-tax Officer (w.e.f. 1-4-1988).
14. Ins. by Act 7 of 2017, s. 51 (w.e.f. 1-10-1975)