{"act":{"id":"finance-act-2017","short_title":"The Finance Act, 2017","long_title":"An Act to give effect to the financial proposals of the Central Government for the financial year 2017-2018.","act_number":null,"act_year":2017,"enact_date":"2017-04-17","enforcement_date":null,"ministry":"Ministry of Finance","department":"Department of Revenue","jurisdiction":"CENTRAL","unit":"section","section_count":198,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"published","scan_url":null,"url":"https://indiacode.ecourtsindia.com/finance-act-2017/"},"unit":"section","section":{"number":"50","heading":"Amendment of section 132","text":"Amendment of section 132. 50. In section 132 of the Income-tax Act,— (i) | in sub-section (1), after the fourth proviso, the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 1962, namely:— \"Explanation.—For the removal of doubts, it is hereby declared that the reason to believe, as recorded by the income-tax authority under this sub-section, shall not be disclosed to any person or any authority or the Appellate Tribunal.\"; (ii) | in sub-section (1A), the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 1st day of October, 1975, namely:— \"Explanation.—For the removal of doubts, it is hereby declared that the reason to suspect, as recorded by the income-tax authority under this sub-section, shall not be disclosed to any person or any authority or the Appellate Tribunal.\"; (iii) | after sub-section (9A), the following sub-sections shall be inserted, namely:— \"(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 be recorded in writing, is satisfied that for the purpose of protecting the interest of revenue, it is necessary so to do, he may with the previous approval of the Principal Director General or Director General or the Principal Director or Director, by order in writing, attach provisionally any property belonging to the assessee, and for the said purpose the provisions of the Second Schedule shall, mutatis mutandis, apply. (9C) Every provisional attachment made under sub-section (9B) shall cease to have effect after the expiry of a period of six months from the date of the order referred to in sub-section (9B). (9D) The authorised officer may, 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, make a reference to a Valuation Officer referred to in section 142A, who shall estimate the fair market value of the property in the manner provided under that section and submit a report of the estimate to the said officer within a period of sixty days from the date of receipt of such reference.\"; (iv) | for Explanation 1, the following Explanation shall be substituted, namely:— 'Explanation 1.—For the purposes of sub-sections (9A), (9B) and (9D), with respect to \"execution of an authorisation for search\", the provisions of sub-section (2) of section 153B shall apply.'.","html":"<p><b> Amendment of section 132.</b></p><p><b> 50. </b>In section 132 of the Income-tax Act,<i>—</i></p><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>i</i>)</td><td></td><td>in sub-section (1), after the fourth proviso, the following <i>Explanation </i>shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 1962, namely:<i>—</i></td></tr><tr><td></td><td></td><td>\"<i>Explanation</i>.—For the removal of doubts, it is hereby declared that the reason to believe, as recorded by the income-tax authority under this sub-section, shall not be disclosed to any person or any authority or the Appellate Tribunal.\";</td></tr><tr><td>(<i>ii</i>)</td><td></td><td>in sub-section (1A), the following <i>Explanation </i>shall be inserted and shall be deemed to have been inserted with effect from the 1st day of October, 1975, namely:<i>—</i></td></tr><tr><td></td><td></td><td>\"<i>Explanation</i>.—For the removal of doubts, it is hereby declared that the reason to suspect, as recorded by the income-tax authority under this sub-section, shall not be disclosed to any person or any authority or the Appellate Tribunal.\";</td></tr><tr><td>(<i>iii</i>)</td><td></td><td>after sub-section (9A), the following sub-sections shall be inserted, namely:—</td></tr><tr><td></td><td></td><td>\"(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 be recorded in writing, is satisfied that for the purpose of protecting the interest of revenue, it is necessary so to do, he may with the previous approval of the Principal Director General or Director General or the Principal Director or Director, by order in writing, attach provisionally any property belonging to the assessee, and for the said purpose the provisions of the Second Schedule shall, <i>mutatis mutandis, </i>apply.</td></tr><tr><td></td><td></td><td>(9C) Every provisional attachment made under sub-section (9B) shall cease to have effect after the expiry of a period of six months from the date of the order referred to in sub-section (9B).</td></tr><tr><td></td><td></td><td>(9D) The authorised officer may, 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, make a reference to a Valuation Officer referred to in section 142A, who shall estimate the fair market value of the property in the manner provided under that section and submit a report of the estimate to the said officer within a period of sixty days from the date of receipt of such reference.\";</td></tr><tr><td>(<i>iv</i>)</td><td></td><td>for <i>Explanation 1</i>, the following <i>Explanation </i>shall be substituted, namely:—</td></tr><tr><td></td><td></td><td>'<i>Explanation 1</i>.—For the purposes of sub-sections (9A), (9B) and (9D), with respect to \"execution of an authorisation for search\", the provisions of sub-section (2) of section 153B shall apply.'.</td></tr></table></div>","words":428,"text_source":"published"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/finance-act-2017/section/50/","note":null,"source_note":"Harvested from the Income Tax Department's own portal at incometaxindia.gov.in, which publishes the Finance Acts section by section. India Code carries none of them: its Central community holds the Acts that stand as general law, and a Finance Act is an amending and rate-fixing instrument.","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}