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Government Clarifies Limits on Income Tax Digital Search Powers

Fact-checkers said access to emails or social media applies only during authorised search or survey operations.

Overview

  • The Income Tax Act, 2025 introduces Section 247 to cover ‘virtual digital space’ during searches, taking effect on April 1, 2026.
  • PIB labeled viral posts claiming blanket access to private digital data as misleading and said routine assessments cannot use these powers.
  • Authorities may seek online records only when there is a reason to believe significant evasion and the person is under formal proceedings such as a summons or notice.
  • The update modernises long-standing search-and-seizure powers to include digital evidence and is aimed at tackling black money and large-scale evasion, not compliant taxpayers.
  • Some reports highlight privacy and misuse concerns and call for clear safeguards and oversight as the digital provisions are implemented.