KGST Rules 34Chapter V · Inspection of Business Places and Accounts and Establishment of Check Post

Section 34 · Search and seizure of documents

(1)

The authorisation under the proviso to sub-section (3) of Section 28 shall be in Form No.27.

(2)

The authorisation under clause (b) of sub-section (7) of Section 28 shall be in Form 27.

(3)

Every authorisation referred to in sub-rules (1) and (2) shall be in writing under the signature of the authority issuing it and shall bear the seal of such authority.

(4)

Any person in charge of any building, place, godown, vessel or vehicle or box or receptacle shall on demand by an authority not below the rank of an assessing authority, & any person in charge of, in any residential accommodation shall on demand by the authority authorised under subsection (3) of Section 28 and on production of authorisation allow such authority free ingress thereto and access to the contents of any box or receptacle and afford all reasonable facilities for a search therein.

(5)

If ingress to such building, place, godown, vehicle, vessel or residential accommodation or access to the contents of any box or receptacle cannot be so obtained it shall be lawful for such authority with such assistance of the police or other officers of the State Government as may be required, to enter such building, place, godown, vehicle or residential accommodation or to have access to the contents of any box or receptacle and search therein and in order to effect such entrance or access. to break open any box or receptacle or any outer or inner door or window of any building, place, vehicle or vessel or residential accommodation, whether that of the person to be searched or of any other person if after notification of his authority and purpose and demand of admittance duly made he cannot otherwise obtain admittance or access:Provided that if any such vehicle, vessel, building, place or residential accommodation is occupied by a woman who according to custom does not appear in public the Officer or authorised officer shall as the case may be before entering such vehicle, vessel, building place or residential accommodation give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing.

(6)

The Officer or the authorised officer as the case may be, may if the owner or any other person in occupation or in immediate possession or control of any box, or receptacle, godown, building or residential accommodation in which any goods, accounts, registers, records or other documents are or reasonably believed to be kept leaves the premises or refuses to open the box or receptacle, godown, building, or residential accommodation or is not available and such officer considers is not practicable to exercise the power of breaking open immediately, seal such box, receptacle, godown, building or residential accommodation and serve an order on the owner or the person who is in the immediate possession or control thereof that he shall not open, remove, part with or otherwise deal with such box, receptacle, godown, building or residential accommodation.

(7)

Where any person has got out of or is about to get into or is in, any place referred to in clause (a) or clause (b) of sub-section (3) of Section 28 or, any vehicle or any dealer and the officer has reason to suspect that records or other documents such person may be searched by such officer with such assistance as he may consider necessary. If such person is a woman the search shall be made by another woman with strict regard to decency.

(8)

Where any officer or authorised officer conducts a search of any person, office, shop, place of business, residential accommodation, godown, vessel, receptacle, vehicle or any premises or place where any books of accounts of a dealer may be, or are reasonably suspected to be kept, he shall as far as may be, follow the procedure prescribed in the Code of Criminal Procedure, 1973 (central Act 2 of 1974).

(9)

If on search, such officer finds any accounts, registers or other documents which he has reasons to suspect that the dealer is maintaining with a view to evading the payment of any tax or fee due from him under the Act, he shall, for reasons to be recorded in writing, seize such accounts, registers and documents of the dealer as may be necessary and shall give the dealer a receipt for the same. The accounts and registers so seized shall be returned to the dealer within thirty days and in cases where permission of the next higher authority under sub-section (6) of section 28 has been obtained within Sixty days from the date of seizure unless they are required for a prosecution.

(10)

When any accounts, registers or documents of a dealer seized by any officer empowered in this behalf have to be returned to the dealer, such return may be made after taking such extracts there from as may be considered necessary. The authority making the return shall affix its signature or official seal or both on such accounts, registers or documents and the dealer shall give a receipt in acknowledgement, which shall mention the details of the records returned and the number and particulars of the places where the signature or the seal, or both, have been affixed on the accounts, registers or documents returned to him.

(11)

When any accounts, registers or documents are inspected or examined by any authority empowered in this behalf, such authority shall affix his signature or official seal or both, at one or more places therein.

(12)

If any officer or authorised officer while inspecting or searching any place finds therein any goods not accounted for by the dealer in his accounts and other records such officer shall prepare a list of all such goods and get it signed by two respectable witnesses. One copy of such list shall be given or tendered to the dealer or the person in charge of the place.

(13)

The officer directing payment of penalty under subsection (8) of section 28 shall issue a notice of demand on the dealer in Form No.24. On receipt of the notice, the dealer shall remit the amount of penalty specified in the notice into a Government Treasury or pay the same by means of crossed cheques or crossed demand draft in favour of the assessing authority concerned and intimate the fact to the officer directing payment of penalty.

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