Law Relating to Income Tax Survey - With Assessment of Survey Cases (As Amended by Finance Act, 2022)

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Description
The two most important coercive measures available with income - tax authorities are survey and search. While search, as the courts have said, is a serious invasion into the taxpayer's privacy, the degree of invasion in the case of survey is far less, to the extent that it extends to the business premises only. With increased dependence on voluntary compliance, the Department selects a very few returns scrutiny. Large number if returns are accepted summarily without calling for any other information. As a tool for collection of information survey remains an effective tool  in the hands of the taxman and serves an important purpose. Survey is an important weapon of the Income Tax Department to call information of various kinds as may be found necessary for making proper assessments. Survey is mainly conducted with the object of broadening the tax base by discovering new assessees, to gather information about possible tax evasions by asessees, spot checking of available cash ans stock and to verify in a surprise and systematic manner, whether or not accounts are maintained properly and on day to day basis etc.
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Contents
Chapter  1    :  Introduction
Chapter  2    :  Legislative History
Chapter  3    :  Categories of Survey's
Chapter  4    :  Who can Conduct the Survey Authorised /Authorising Officer
Chapter  5    :  Place on which Survey can be Conducted 
Chapter  6    :  Timing of Survey
Chapter  7    :  Survey for Verifying the Compliance of the Provisions of TDS and TCS
Chapter  8    :  Powers of Income Tax authority Regarding Survey 
Chapter  9    :  Place Marks of Identification on the books of Account or other Documents
Chapter  10  :  Impounding and Retention of books of Accounts
Chapter 11   :  Recording of Statement during Survey
Chapter 12   :  Statement on Oath made by an Assessee to Income Tax Authority During Survey Proceedings
Chapter 13   :  Cross Examination
Chapter  14  :  Retraction of Confession Made in Statement During Survey
Chapter 15   :  Prohibition on Removing or Causing to be Removed from the Place Surveyed
Chapter 16  :  Duties and Rights of Persons whose Premise is Surveyed
Chapter 17  :  Legal assistance During Survey
Chapter 18  :  Consequences of non - compliance/non- cooperation
Chapter 19  :  Conversion of Survey into Search
Chapter 20  :  Survey Findings Affecting the Determination of Income
Chapter 21  :  Discrepancy in Stock in Trade Found at the Time of Survey Operation
Chapter 22  :  Discrepancy in Cash in Trade Found at the Time of Survey Operation
Chapter 23  :  Treatment of Undisclosed Sales/Turnover/Suppressed ales
Chapter 24  :  Treatment of Notings in Diary, Loose Papers, Found During Survey Operation
Chapter 25  :  Evidence at the Time of Survey - Undisclosed Investment in Assets, Valuable, etc.
Chapter 26  :  Dumb Document Found During Survey and its Implications on the Assessee
Chapter 27  :  Treatment of Material Collected During Illegal Survey
Chapter 28  :  Handling of Digest Evidence
Chapter 29  :  Set off of Loss Against Income Offered in Survey
Chapter 30  :  Surrender of Income During Survey Operation
Chapter 31  :  Income Escaping Assessment in Survey Cases
Chapter 32  :  Revision of Orders Prejudicial to Interests of Revenue- Sec. 263, Read with Sec. 133 A of
                           the Income-Tax Actt, 1961
Chapter 33  :  Tax Rates Applicable on Income Surrendered During Survey   
Chapter 34  :  Interest Chargeable
Chapter 35  :  Penalties in Survey Cases
Chapter 36  :  Offences and Prosecution in Survey Cases
Chapter 37  :  Peck Credit Theories Under Income Tax
Chapter 38  :  Telescoping Theories under Income Tax
Chapter 39  :  Determination of Income in Pursuance of Survey
Chapter 40  :  Survey of Ostentatious Expenditure under Section 133A(5) 
Chapter 41  :  Survey under Section 133B
Chapter 42  :  Survey under Cases where additions made by the Assessing Officer held Justified
Chapter 43  :  Survey Cases where Additions made by the Assessing Officer held Unjustified
Chapter 44  :  Presumptions are there when Material is Collected During Survey
Chapter 45  :  Important Forms 
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Author Details
Ram Dutt Sharma got his post-graduation (M.Sc.) from M.D. University, Rohtak in 1980. He joined the Income-tax Department in the year 1983 and presently working as Income Tax Officer in Faridabad. He worked at various stations of North-West Region of Income Tax Department. He has wide experience of all wings of Income Tax Department such as assessment unit, Special Range, TDS Wing, Investigation Wing, Intelligence and Criminal Investigation etc. He has been contributing articles and addressing on topics relating to Income Tax at Direct Tax, Regional Training Institute, Chandigarh. He has also addressed number of seminars organized by the Income-tax Department, Chartered Accountants, Advocates and various Trade Associations. He is the author of number of books on direct taxes, namely Computation of income from salary under income tax law with tax planning, Computation of income from house property, Formation and Management of Charitable mad Religious Trust, Educational and Medical Institutions under income- tax law, Taxation of Non-Resident Indians under income-tax law etc. which have been highly appreciated by the readers.
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