Quick Summary
The Income Tax Department has introduced Draft Form No. 86, a proposed format for issuing a Warrant of Authorisation under Section 248(1) of the Income tax Act, 1961 and the Income Tax Act, 2025. The draft form outlines the legal framework and procedural authority for requisitioning books of accoun
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FAQ :
Draft Form No. 86 is a proposed format by the Income Tax Department for issuing a Warrant of Authorisation to requisition books of accounts, documents, computer systems, and assets relevant to income-tax proceedings.
The warrant may be issued under Section 248(1) of the Income-tax Act, 1961 and the Income Tax Act, 2025, and can be triggered by failures to comply with notices issued under sections like 131(1) or 142(1) of the 1961 Act, or similar provisions in the 2025 Act.
The warrant must be issued by an 'Approving Authority' and can be requested by senior income-tax officials, including Additional Directors, Additional Commissioners, Joint Directors, Joint Commissioners, Deputy Directors, Deputy Commissioners, Assistant Directors, Assistant Commissioners, and Income-tax Officers.
The form allows for the requisition of books of accounts, documents, computer systems (including digital and electronic records), and assets that have been seized and are held in custody by another officer or authority.
It signifies greater procedural clarity, strengthens enforcement mechanisms, provides legal backing for inter-departmental requisition of seized materials, and explicitly covers digital records, reflecting a move towards modernising tax administration and tightening compliance.
Tax professionals and businesses should be aware that the expanded reference to electronic systems means non-production of digital records could lead to stricter enforcement actions. They are advised to stay updated on the finalisation of Form No. 86.
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