Budget 2022 proposes an amendment to the Explanation of Section 133A of the Income Tax Act. This section grants income-tax authorities the power to enter business premises to verify accounts and assets. The amendment clarifies which authorities are recognised for these powers, specifying they must be subordinate to certain high-ranking officials designated by the Board. This change is set to take effect from April 1, 2022.
Income-tax authorities for the purposes of section 133A of the Act
1. Section 133A of the Act enables an income-tax authority to enter any place of business or profession or charitable activity within his jurisdiction to verify the books of account or other documents, cash, stock or other valuable article or thing, which may be useful for or relevant to any proceeding under this Act. Explanation to section 133A provides the definition of an income tax authority for the purposes of this sectio
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FAQ :
Section 133A allows income-tax authorities to enter any place of business, profession, or charitable activity within their jurisdiction to examine books of account, documents, cash, stock, or other valuable items relevant to proceedings under the Act.
Through the Taxation and Other Laws (Amendment and Relaxation of Certain Provisions) Act, 2020, the Explanation was changed to state that only income-tax authorities subordinate to specific high-ranking officials like the Principal Director General of Income-tax (Investigation) or Chief Commissioner of Income-tax (TDS) could be considered for the purposes of Section 133A.
Budget 2022 proposes to amend the Explanation to Section 133A to state that an income tax authority shall be subordinate to Principal Director General or Director General or Principal Chief Commissioner or Chief Commissioner, as specified by the Board.
This amendment is proposed to take effect from April 1, 2022.
The Board will specify the Principal Director General, Director General, Principal Chief Commissioner, or Chief Commissioner to whom the income tax authority must be subordinate.