Search and Seizure Under Income Tax Law (Along with Assessment of Search Cases)

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Description
One of the most important powers that the Income Tax Department possesses is the power of search and seizure. Tax authorities usually exercise their right to conduct raids on individuals or groups who are suspected of evading tax or who are deemed to be in possession of any property or income belonging to another party that has not been disclosed. While this might seem like a drastic step, it is an act that is upheld by the constitution, and is deemed entirely necessary in cases where the Income Tax Department feels extreme action is needed. Search & Seizure under income tax law is a very vast subject in itself consisting of various issues, considerations, procedural aspects and litigation. An attempt is made in this book to give a overview of concept of search and procedures thereof. Some of the fine aspects of search proceedings are discussed in brief without going into the nitty gritty of complexity of law and litigation involved. We sincerely hope that the book would be useful to the readers to have a general understanding of search and seizure under income tax law.
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Contents
Chapter 1    :    Historical and Legislative Background
Chapter 2    :    Organization and Process of Search and Seizure Operations
Chapter 3    :    Overview of the Legal Provisions
Chapter 4    :    When can Search be Authorised [Section 132(1)]
Chapter 5    :    Satisfaction Note in Search Cases
Chapter 6    :    Warrant of Authorisation
Chapter 7    :    Rights and Duties of Income Tax Department
Chapter 8    :    Rights and Duties of Persons Searched
Chapter 9    :    Witnesses (Panchas) to the Search [Rule 112(6) and 112(7)]
Chapter 10  :    Extension of Authorisation [Section 132(1A)
Chapter 11  :    Power to Requisition Service of a Police Officer or Officer of the Central Government
                           [Section 132(2)]
Chapter 12  :    Prohibitory Order [Section 132(3)]
Chapter 13  :    Recording of Statement [Section 132(4)]
Chapter 14  :    Art of Recording of Statement of Assessees/Witnesses
Chapter 15  :    Evidentiary Value of Statement Recording During Search Operation
Chapter 16  :    Retraction of Confession Made in Statement
Chapter 17  :    Surrender of Undisclosed Income During the Course of Search
Chapter 18  :    Presumption as to Assets, Books of Account, ETC.[Section 132(4A)]
Chapter 19  :    Estimating the undisclosed income in a summary manner [Section 132(6)]
Chapter 20  :    Retained assets under section 132(5) may be dealt with in accordance with the provisions
                           of section 132B
Chapter 21  :    On Satisfaction about the seized assets the Assessing Office may proceed under section 132(5)
                           against such other person
Chapter 22  :    Time Limit for Retention Books of Account or Other Documents Seized or Deemed to be
                           Seized [section 132(8)]
Chapter 23  :    Order Under Section 132(3) Shall not be in Force for a Period Exceeding Sixty Days
                           from the Date of the Order [Section 132(8A)]
Chapter 24  :    Right to make Copies or take Extract [Section 132(9)]
Chapter 25  :    Where the Authorised Officer is not the Assessing Officer of the Person Searched
Chapter 26  :    Power to Attach Provisionally any Property belonging to the Assessee [Section 132(9B)]
Chapter 27  :    Provisional attachment shall cease to have effect after the expiry of six months
Chapter 28  :    power to make refernce to valuation officer
Chapter 29  :    Objection of the Assessee [Section 132(10)]
Chapter 30  :    Applicability of Provisions of Code of Criminal Procedure, 1973 [Section 132(13)]
Chapter 31  :    Power of Board to make rules [Section 132(14)]165
Chapter 32  :    Power to Requisition Books of Account, Etc. [Section 132A]
Chapter 33  :    Application of Seized or Requisitioned Assets [Section 132B]
Chapter 34  :    Conversion of survey into search
Chapter 35  :    What does the Search Party Generally look out for during Search Operation
Chapter 36  :    Assets which can be Seized During Search Operation
Chapter 37  :    Assets which cannot be Seized during Search Operation
Chapter 38  :    Panchnama
Chapter 39  :    Apprisal Report
Chapter 40  :    Centralization of Search Cases [Section 127]
Chapter 41  :    Personal deposit accounts of the principal commissioner deposit of cash (PD Account)
Chapter 42  :    Treatment of Cash Found during Search Operation
Chapter 43  :    Treatment of Jewellery Found during Search Operation
Chapter 44  :    Treatment of Notings in Diary, Loose Papers, Dump Papers Found during Search
                           Operation
Chapter 45  :    Treatment of Discrepancies in Stock in Trade Found at the time of Search Operation
Chapter 46  :    Consequences of a Bearch Being Held as illegal
Chapter 47  :    Powers under Section 131 of the Income Tax Act, 1961 and Examination of Assessees &
                           Witnesses for Personal Attendance
Chapter 48  :    Issuance of notice under section 131(1A) after conclusion of Income Tax Search and seizure
                           under section 132
Chapter 49  :    Filing of Return of Income in Search Cases
Chapter 50  :    Assessment of income in case of of a searched person
Chapter 51  :    Applicable rate of Tax in Search Assessment
Chapter 52  :    Period of limitation of framing search assessment
Chapter 53  :    Penalties in Search Cases
Chapter 54  :    Offences and Prosecution in Search cases
Chapter 55  :    Immunities Available from Penalty and Prosecution in Case of Search
Chapter 56  :    Procedure of assessment in cases where a search was initiated under section 132/132A
                           after 31.05.2003 but before 31.03.2021
Chapter 57  :    Block Assessment
Chapter 58  :    Authorisation and Assessment in Case of Search or Requisition [Section 292CC]
Chapter 59  :    Applicability of Code of Criminal Procedure, 1973
Chapter 60  :    Applicability of Provisions of Indian Penal Code, 1860
Chapter 61  :    Applicability of Provisions of Code of Civil Procedure, 1908
Chapter 62  :    Constitution of India, 1950
Chapter 63  :    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 and 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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