search and seizure

Budget 2017: Non disclosure of reason to search to cause undue hardship to genuine assessee

Income Tax - It is proposed to insert an Explanation to section 132(1), 132(1A) and 132A(1) to declare that the reason to believe or reason to suspect, as the case may be, shall not be disclosed to any person or any authority or the Appellate Tribunal. The proposed amendment could lead to unnecessary harassment of taxpayers....

Read More

Budget 2017: In case of Search Assessment notice can be issued for 10 Years

Income Tax - In order to protect the interest of the revenue in cases where tangible evidence(s) are found during a search or seizure operation (including 132A cases) and the same is represented in the form of undisclosed investment in any asset, it is proposed that section 153A relating to search assessments be amended to provide that notice under th...

Read More

Budget 2017 reduces time limits for completion of search assessment

Income Tax - The existing provisions of section 153B provide for the time limit for completion of assessment under section 153A....

Read More

CBEC Notifications /Circulars/ Instructions on Search, Seizure & Arrest

Income Tax - This article compiles Important Notifications/Circulars/ Instructions on Search, Seizure and Arrest [Central Excise, Customs And Service Tax] at one place....

Read More

Search, seizure & arrest under Central Excise, Customs & Service Tax laws

Income Tax - The officers of Customs & Central Excise are supposed to know the provisions of so many Acts/Rules for performing their duties effectively and efficiently. The search, seizure and arrest are the most important functions, amongst others, performed by the officers. ...

Read More

ITD searches about 2534 groups of persons

Income Tax - ITD conducted searches in about 2534 groups of persons led to admission of undisclosed income of about Rs. 45,622 crore apart from seizure of undisclosed assets (cash, jewellery etc) worth about Rs. 3,625 crore ...

Read More

IT Raid & Survey detects undisclosed income of Rs.58568 Crore

Income Tax - IT Dept searches 1242 groups of assessees, seizing undisclosed assets worth Rs.2,029 Crore. Such assessees admitted undisclosed income of Rs.28,567 Crore. ...

Read More

CBDT Clarifies Regarding Prosecution of Tax Evaders

Income Tax - Effective and Stringent Action only in known and big cases of Tax Evasion to Demonstrate to the Large Number of Compliant Tax Payers that the Tax Laws are just and Fair and to Encourage Voluntary Tax Compliance It has been noticed that the certain section of media have referred to the Discussion Paper, circulated during […]...

Read More

I-T department conducts search and seizure actions based on credible information

Income Tax - Income Tax Department conducts search and seizure actions based on credible information relating to ‘persons’, which include individuals, Hindu undivided families (HUFs), firms, companies, association of persons (AoPs), body of individuals (BoIs), local authorities and any artificial juridical person, who satisfy any of the condition...

Read More

CWG Scam- IT department searched Wizcraft International Entertainment

Income Tax - The income tax (I-T) department on Thursday searched the premises of event management company Wizcraft International Entertainment Private Limited to verify if it had attempted to falsify records of income and expenditure. The company was involved in the opening and closing ceremonies of the controversial Commonwealth Games (CWG) held at ...

Read More

Concealed income found during search and Survey is to be distributed among all family members

CIT Vs Rekha Bai (Supperme Court of India) - We have heard the learned counsel for the parties and perused the impugned order dated 14th December,2005 passed by the High Court of Judicature at Madras. The High Court has dismissed the appeal filed under Section 260A of the Income Tax Act,1961 on the ground that no substantial question of law ar...

Read More

Assessment u/s 153A is Limited to search related income only

Principal Commissioner of Income Tax Vs Dipak J Panchal (Gujarat High Court at Ahmedabad) - It is held that the Assessing Officer while framing the assessment under Section 153A of the Act for the block period may make addition considering the incriminating material found for the year under consideration only which was collected during the search....

Read More

In absence of incriminating documents addition cannot be made based on Mere voluntary disclosure

Chetnaben J Shah vs. ITO (Gujarat High Court) - Learned Counsel for the respondent has taken this Court to Section 132(4) of the Act and contended that the statement made during the search is required to be accepted and the retraction was made after a very long time. The reasoning of the Assessing Officer was confirmed by the Tribunal and there...

Read More

Proceedings u/s 158BD not tenable where satisfaction note is not on record

Haryana Paneer Bhandar Vs CIT (Delhi High Court) - Delhi High Court held In the case of Haryana Paneer Bhandar vs. CIT. that the Revenue has been unable to produce the satisfaction note of the AO of the searched person. Consequently, on this short ground of there being no satisfaction note, which is a mandatory requirement under Section 158BD....

Read More

Principles & Procedures of Assessment u/s 153C dealt comprehensively by Delhi HC

CIT Vs RRJ Securities Ltd. (Delhi High Court) - a person other than the person referred to in section 153A, then, the books of account or documents or assets, seized or requisitioned shall be handed over to the Assessing Officer having jurisdiction over such other person ] and that Assessing Officer shall proceed against ...

Read More

SC ask details of cases where validity of search & seizure questioned

F.No. ADG-II/ Supreme Court Cell/ 1711/2011/ - (05/01/2017) - SC has desired that it be informed regarding number & details of such cases pending before High Courts and Tribunals wherein the Courts/Tribunals have questioned validity of search and seizure operations...

Read More

Assessment of preceding years in search cases during election period

Circular No. 10/2012-Income Tax - (31/12/2012) - Circular No. 10/2012-Income Tax As per provisions contained in section 153A and 153C of the Income Tax Act, 1961, the Assessing Officer is required to issue notice for assessing or reassessing the total income for six assessment years immediately preceding the assessment year relevant to the previo...

Read More

Under COTP Act, 2003 excise department is empowered to enter, search and seizure only at the premises registered under the Central Excise and Customs

Circular No. 918/08/2010-CX - (04/03/2010) - The effect of the Notification is that the officers at the level of Superintendents and above of the Customs & Central Excise department are empowered for entry, search and seizure only at the premises registered under the Central Excise & Customs. Therefore, officers are not empowered to enter, sea...

Read More

Recent Posts in "search and seizure"

Concealed income found during search and Survey is to be distributed among all family members

CIT Vs Rekha Bai (Supperme Court of India)

We have heard the learned counsel for the parties and perused the impugned order dated 14th December,2005 passed by the High Court of Judicature at Madras. The High Court has dismissed the appeal filed under Section 260A of the Income Tax Act,1961 on the ground that no substantial question of law arises....

Read More

ITD searches about 2534 groups of persons

ITD conducted searches in about 2534 groups of persons led to admission of undisclosed income of about Rs. 45,622 crore apart from seizure of undisclosed assets (cash, jewellery etc) worth about Rs. 3,625 crore ...

Read More
Posted Under: Income Tax |

Assessment u/s 153A is Limited to search related income only

Principal Commissioner of Income Tax Vs Dipak J Panchal (Gujarat High Court at Ahmedabad)

It is held that the Assessing Officer while framing the assessment under Section 153A of the Act for the block period may make addition considering the incriminating material found for the year under consideration only which was collected during the search....

Read More

Budget 2017: Non disclosure of reason to search to cause undue hardship to genuine assessee

It is proposed to insert an Explanation to section 132(1), 132(1A) and 132A(1) to declare that the reason to believe or reason to suspect, as the case may be, shall not be disclosed to any person or any authority or the Appellate Tribunal. The proposed amendment could lead to unnecessary harassment of taxpayers....

Read More
Posted Under: Income Tax |

In absence of incriminating documents addition cannot be made based on Mere voluntary disclosure

Chetnaben J Shah vs. ITO (Gujarat High Court)

Learned Counsel for the respondent has taken this Court to Section 132(4) of the Act and contended that the statement made during the search is required to be accepted and the retraction was made after a very long time. The reasoning of the Assessing Officer was confirmed by the Tribunal and therefore, no interference is called for by t...

Read More

Budget 2017: In case of Search Assessment notice can be issued for 10 Years

In order to protect the interest of the revenue in cases where tangible evidence(s) are found during a search or seizure operation (including 132A cases) and the same is represented in the form of undisclosed investment in any asset, it is proposed that section 153A relating to search assessments be amended to provide that notice under th...

Read More
Posted Under: Income Tax |

Budget 2017 reduces time limits for completion of search assessment

The existing provisions of section 153B provide for the time limit for completion of assessment under section 153A....

Read More
Posted Under: Income Tax |

SC ask details of cases where validity of search & seizure questioned

F.No. ADG-II/ Supreme Court Cell/ 1711/2011/ (05/01/2017)

SC has desired that it be informed regarding number & details of such cases pending before High Courts and Tribunals wherein the Courts/Tribunals have questioned validity of search and seizure operations...

Read More

CBEC Notifications /Circulars/ Instructions on Search, Seizure & Arrest

This article compiles Important Notifications/Circulars/ Instructions on Search, Seizure and Arrest [Central Excise, Customs And Service Tax] at one place....

Read More
Posted Under: Income Tax |

Search, seizure & arrest under Central Excise, Customs & Service Tax laws

The officers of Customs & Central Excise are supposed to know the provisions of so many Acts/Rules for performing their duties effectively and efficiently. The search, seizure and arrest are the most important functions, amongst others, performed by the officers. ...

Read More
Posted Under: Income Tax |
Page 1 of 812345...Last »

Browse All Categories

CA, CS, CMA (3,372)
Company Law (3,257)
Custom Duty (6,437)
DGFT (3,354)
Excise Duty (4,001)
Fema / RBI (3,172)
Finance (3,327)
Income Tax (24,513)
SEBI (2,665)
Service Tax (3,269)

Search Posts by Date

May 2017
M T W T F S S
« Apr    
1234567
891011121314
15161718192021
22232425262728
293031