Section 261 — Interpretation
For the purposes of this Part,—
( a) “approving authority” means––
(i) the Principal Director General or the Director General; or
( ii) the Principal Chief Commissioner or the Chief Commissioner; or
( iii) the Principal Director or the Director; or
( iv) the Principal Commissioner or the Commissioner;
( b) “asset” includes any money, bullion, jewellery, virtual digital asset or
other valuable article or thing, held in physical or virtual form;
( c) “authorised officer” means––
( i) the Joint Director or the Additional Director; or
( ii) the Joint Commissioner or the Additional Commissioner; or
( iii) the Assistant Director or the Deputy Director; or
( iv) the Assistant Commissioner or the Deputy Commissioner; or
( v) the Income-tax Officer or the Tax Recovery Officer;
( d) “competent authority” means––
( i) the Principal Director General or the Director General; or
( ii) the Principal Chief Commissioner or the Chief Commissioner;
or
( iii) the Principal Director or the Director; or
( iv) the Principal Commissioner or the Commissioner; or
( v) the Joint Director or the Additional Director; or
( vi) the Joint Commissioner or the Additional Commissioner;
( e) “computer system” means computers, computer networks, computer
resources, communication devices, digital or electronic data storage
devices, used on stand-alone mode or part of a computer system, linked
through a network, or utilised through intermediaries for information
creation or processing or storage or exchange, and includes the remote
server or cloud server or virtual digital space;
( f) “date on which the last of the authorisations for search was executed”
means—
( i) in the case of search, the date of conclusion of search as recorded
in the last panchnama drawn in relation to any person in whose
case the warrant of authorisation has been issued; or
( ii) in the case of requisition under section 248, the date of actual receipt
of the books of account or other documents or computer system
or assets by the requisitioning officer;
( g) “electronic form” shall have the same meaning as provided in section
2(1)(r) of the Information Technology Act, 2000 (21 of 2000);
( h) “electronic record” shall have the same meaning as provided in section
2(1)(t) of the Information Technology Act, 2000 (21 of 2000);
( i) “material seized or requisitioned” means books of account or other doc-
uments or computer systems, and extracts seized from a person during
the course of search under section 247 or requisitioned under section
248, and includes seizure of backup taken from any specialised programs
like tally software, excel sheets, word files and all electronic records
including data and information in electronic form or on the computer
system, containing figures and any other relevant noting, and shall be
construed to mean as books of account maintained by the said person;
( j) “virtual digital space” means an environment, area or realm, that is
constructed and experienced through computer technology and not the
physical, tangible world which encompasses any digital realm that allows
users to interact, communicate and perform activities using computer
systems, computer networks, computer resources, communication
devices, cyberspace, internet, worldwide web and emerging technologies,
using data and information in the electronic form for creation or storage
or exchange and includes––
( i) email servers;
( ii) social media account;
( iii) online investment account, trading account, banking account, etc.;
( iv) any website used for storing details of ownership of any asset;
( v) remote server or cloud servers;
( vi) digital application platforms; and
( vii) any other space of similar nature.
Related sections
- Section 236 — Income-tax authorities
- Section 237 — Appointment of income-tax authorities
- Section 238 — Control of income-tax authorities
- Section 239 — Instructions to subordinate authorities
- Section 240 — Taxpayer’s Charter
- Section 241 — Jurisdiction of income-tax authorities
- Section 242 — Jurisdiction of Assessing Officers
- Section 243 — Power to transfer cases
- Section 244 — Change of incumbent of an office
- Section 245 — Faceless jurisdiction of income-tax authorities
- Section 246 — Power regarding discovery, production of evidence, etc
- Section 247 — Search and seizure
- Section 248 — Powers to requisition
- Section 249 — Reasons not to be disclosed
- Section 250 — Application of seized or requisitioned assets
- Section 251 — Copying, extraction, retention and release of books of account and documents seized or requisitioned
- Section 252 — Power to call for information
- Section 253 — Powers of survey
- Section 254 — Power to collect certain information
- Section 255 — Power to inspect registers of companies
- Section 256 — Power of certain income-tax authorities
- Section 257 — Proceedings before income-tax authorities to be judicial proceedings
- Section 258 — Disclosure of information relating to assessees
- Section 259 — Power to call for information by prescribed income-tax authority
- Section 260 — Faceless collection of information