Search And Seizure Under Income Tax Act Pdf

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It was since that the provisions of search and seizure made its first entry into the Income Tax Act. Section was totally substituted by the Finance Act,

search and seizure under Indian income tax act 1961

Power to search suspected persons entering or leaving India, etc. Power to search suspected persons in certain other cases. Persons to be searched may require to be taken before gazetted officer of customs or magistrate. Power to screen or X-ray bodies of suspected persons for detecting secreted goods. Power to arrest.

This power primarily emanates from Section A and enables the tax authority to collect information about the financial transaction of various persons within various classes to help with or that are relevant to any proceedings within the act. It is a much-tempered power as compared to the search and seizure. Under this section, the officers authorised can enter any place within jurisdiction where any business or profession is carried out and inspect books of accounts, place marks of identification on them and even impound in his custody for reasons recorded, make inventory of stock, cash etc and verify values, and record statements that can be relevant in proceedings. A place where no business or profession is carried out can also be surveyed if it contains a book of account or such document relevant and all necessary facilities would, therefore, be extended to such officers in those places as well. Additionally, as per section 5 , in case of ostentatious expenditure suspected in a function or ceremony, the authorities can require the furnishing of such information necessary about such expenditure from persons who would have the knowledge and such information can be used as evidence in tax proceedings. Additionally, the act also contains the power to conduct door to door surveys over a geographical area under Section B. The power to conduct search and consequent seizure emanate primarily from Section of the Act.

CONDITIONS PRECEDENT TO SEARCH AND SEIZURE UNDER INCOME TAX ACT, 1961

It was since that the provisions of search and seizure had made its first entry into the Income Tax Act, Finance Act, was substitutes of Section Two committees had made certain recommendations on the search and seizure provisions that are. The article below tells us about the search and seizures under the Income Tax Act, Issuing of a search warrant in Form 45 is done by Authorized Officer and the authorization. The authorized officer who is thus duly empowered by the Board has in his possession any information through which he has reason to believe that —.

S. 132: A Practical Guide To The Law And Procedure Of Search And Seizure

Contents at a glance Acknowledgement. What can be seized?. Is penalty mandatory?

Search, according to normal dictionary meaning, means to look out, to seek or to find something the presence of which is suspected etc. Seize means to take possession of goods, contrary to the wishes of the owner or to take forcible possession. However, there is no such term as raid anywhere in income tax law. Search operations are exploratory exercises on the basis of information with the income tax department to find hidden income and wealth in cases of tax payers, who have not disclosed their true financial state of affairs in discharge of their tax obligations. Thus, search and seizure is a very powerful weapon in the armory of income tax department to unearth any concealed income or valuables and to check the tendencies of tax evasion thereby mitigating the generation of black money.

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2 Response
  1. Jeremiah A.

    A search is necessary to secure evidence, that may not likely to be made available by issue of summons.

  2. Linette F.

    However, no authorization shall be issued by the Additional Director or Additional Commissioner or Joint Director or Joint Commissioner, unless he has been empowered by the Board to do so.

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