search and seizure

Complete Provisions of Seizure and Confiscation under Customs Act, 1962

Custom Duty - Confiscation means lawfully seize of illegal import of prohibited goods into India and seize of conveyance in Indian Customs water for concealing of exported goods or carrying smuggling of any goods. Confiscations of goods or conveyance are two ways by which a Customs officer can exercise his statutory power as provided under Customs Act....

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Issues which may invite TDS surveys & inspections

Custom Duty - Checking avoidance of TDS/ TCS liability in respect of the following payment,/ transactions; 1. Payment for purchase of land under sale deed by project implementing authorities towards compulsory land acquisition for SEZs/public utilities implemented under Fast Track procedure where the implementation is not done directly by state govern...

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Search and Seizure & Survey under Income Tax Act 1961

Custom Duty - 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. From income tax point of view, in common parlance search is referred to as RAID. However, there...

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

Custom Duty - 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....

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

Custom Duty - 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...

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Details of Black Money unearthed, prosecution, Search, Seizure & Surveys in last 3 Years

Custom Duty - Income-tax Department takes appropriate action against black money which is an on-going process. Such action under the Direct Tax laws includes searches, surveys, enquiries, assessment of income, levy of penalties and filing of prosecution complaints before criminal courts, wherever applicable....

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Tax Payers advised to confirm identities of Income Tax Search Authorities

Custom Duty - The Income Tax Department in the Delhi region regularly conducts search/survey/verification exercises in case of suspected tax evaders to uncover concealment of undisclosed income/assets as per the law....

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ITD searches about 2534 groups of persons

Custom Duty - 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 ...

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

Custom Duty - 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. ...

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CBDT Clarifies Regarding Prosecution of Tax Evaders

Custom Duty - 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 […]...

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No seizure of Jewellery If gross weight disclosed in regular return exceeds jewellery found during search

Mrs. Nawaz Singhania Vs. DCIT (ITAT Mumbai) - Mrs. Nawaz Singhania Vs. DCIT (ITAT Mumbai) Instruction 1916 issued by the Board with regard to seizure of jewellery has inherent foundation of undisclosed portion of jewellery that may be identified in the search. The Instruction No. 1916, therefore is describing the criteria for decision making fo...

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Abated assessments cannot be disturbed if no incriminating material found during search

Shri Krishna Kumar Singhania Vs. DCIT (ITAT Kolkata) - Legislature had conferred powers on AO to just follow assessments already concluded unless there is an incriminating material found in search to disturb concluded assessment....

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Recording of satisfaction U/s. 153C when AO of Appellant & Searched Person is common

Pr. CIT Vs. Instronics Ltd. (Delhi High Court) - Since satisfaction note was recorded by AO of searched person who also happened to be AO of assessee (other person) as well to effect that seized documents belonged to assessee, issuance of notice under section 153C on basis of such note was justified....

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Additional Income cannot be treated as undisclosed merely for admission during search

Deputy Commissioner of Income-tax Vs. Shri Ravi Kumar Khaitan (ITAT Kolkata) - Merely for the reason that the assessee had admitted additional income in the course of search for taxation, it cannot be said that such admitted income was undisclosed income within the meaning of 'undisclosed income' provided in Explanation to section 271AAA of the Act to impose the penalty. ...

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Seized cash must be adjusted towards advance tax liability on request from Assessee

Latika Datt Abbott, Charu Datt Bhatia Vs DIT & Ors. (Delhi High Court) - Circular No. 20/2017 makes clear the intention of the Department not to contest those cases where the assessees had been given the benefit of adjustment of seized cash against the advance tax liability. There cannot be a situation where for those Assessees who have continued to remain in default of...

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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...

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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...

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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...

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Recent Posts in "search and seizure"

Complete Provisions of Seizure and Confiscation under Customs Act, 1962

Confiscation means lawfully seize of illegal import of prohibited goods into India and seize of conveyance in Indian Customs water for concealing of exported goods or carrying smuggling of any goods. Confiscations of goods or conveyance are two ways by which a Customs officer can exercise his statutory power as provided under Customs Act....

Read More
Posted Under: Custom Duty |

Issues which may invite TDS surveys & inspections

Checking avoidance of TDS/ TCS liability in respect of the following payment,/ transactions; 1. Payment for purchase of land under sale deed by project implementing authorities towards compulsory land acquisition for SEZs/public utilities implemented under Fast Track procedure where the implementation is not done directly by state govern...

Read More
Posted Under: Custom Duty |

Details of Black Money unearthed, prosecution, Search, Seizure & Surveys in last 3 Years

Income-tax Department takes appropriate action against black money which is an on-going process. Such action under the Direct Tax laws includes searches, surveys, enquiries, assessment of income, levy of penalties and filing of prosecution complaints before criminal courts, wherever applicable....

Read More
Posted Under: Custom Duty |

Search and Seizure & Survey under Income Tax Act 1961

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. From income tax point of view, in common parlance search is referred to as RAID. However, there...

Read More
Posted Under: Custom Duty |

No seizure of Jewellery If gross weight disclosed in regular return exceeds jewellery found during search

Mrs. Nawaz Singhania Vs. DCIT (ITAT Mumbai)

Mrs. Nawaz Singhania Vs. DCIT (ITAT Mumbai) Instruction 1916 issued by the Board with regard to seizure of jewellery has inherent foundation of undisclosed portion of jewellery that may be identified in the search. The Instruction No. 1916, therefore is describing the criteria for decision making for jewellery to be undisclosed. According...

Read More

Abated assessments cannot be disturbed if no incriminating material found during search

Shri Krishna Kumar Singhania Vs. DCIT (ITAT Kolkata)

Legislature had conferred powers on AO to just follow assessments already concluded unless there is an incriminating material found in search to disturb concluded assessment....

Read More

Recording of satisfaction U/s. 153C when AO of Appellant & Searched Person is common

Pr. CIT Vs. Instronics Ltd. (Delhi High Court)

Since satisfaction note was recorded by AO of searched person who also happened to be AO of assessee (other person) as well to effect that seized documents belonged to assessee, issuance of notice under section 153C on basis of such note was justified....

Read More

Additional Income cannot be treated as undisclosed merely for admission during search

Deputy Commissioner of Income-tax Vs. Shri Ravi Kumar Khaitan (ITAT Kolkata)

Merely for the reason that the assessee had admitted additional income in the course of search for taxation, it cannot be said that such admitted income was undisclosed income within the meaning of 'undisclosed income' provided in Explanation to section 271AAA of the Act to impose the penalty. ...

Read More

Seized cash must be adjusted towards advance tax liability on request from Assessee

Latika Datt Abbott, Charu Datt Bhatia Vs DIT & Ors. (Delhi High Court)

Circular No. 20/2017 makes clear the intention of the Department not to contest those cases where the assessees had been given the benefit of adjustment of seized cash against the advance tax liability. There cannot be a situation where for those Assessees who have continued to remain in default of payment of advance tax the benefit [&he...

Read More

Tax Payers advised to confirm identities of Income Tax Search Authorities

The Income Tax Department in the Delhi region regularly conducts search/survey/verification exercises in case of suspected tax evaders to uncover concealment of undisclosed income/assets as per the law....

Read More
Posted Under: Custom Duty |

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