search and seizure

Analysis of Issues In Income Tax Search & Seizure Operations

Income Tax - Article covers 5 Issues In Income Tax Search & Seizure Operations which includes Issues In Income Tax Search & Seizure Operations  Search Assessment 1. Where the Assessing Officer of the Searched and Other Person Is Same 2. Whether the Assessee Can Lodge the New Claims, Claim Deductions and claim Reliefs 3. Whether Notice Under S...

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Breaking Myths – Search Warrant under Income Tax Act

Income Tax - Warrant of Authorization [as stipulated under the Income Tax Act] The genesis of Search lies in the growing menace of Black money in our economy which is popularly known as Parallel economy. One cannot deny the fact that there are rampant tax evasion practices prevalent in our society and the government has constitutional duties to [&hell...

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‘Reason to Suspect’ Vs. ‘Reason to Believe’ in Search & Seizure

Income Tax - ‘Reason to Suspect’ Vs. ‘Reason to Believe’ in Search & Seizure It is receipt of some definite information by the department which results into initiation of search. This information leads to formation of “reason to suspect” and in turn “reason to believe”, to anticipate a breach or non-compliance of su...

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“Reasons to believe” – Is this concept considered crucial while conducting search and seizure?

Income Tax - The factor of 'reason to believe' is extremely crucial while conducting search and seizure proceedings. The same reasons are also required to be on record. Why are reasons to believe to be considered important? And what impact can it have?...

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How to prevent Income Tax Raids, Searches & Seizures

Income Tax - What leads to income tax raids, searches and seizures? The main reasons are non-compliance with summons under Section 131(1) of the Income Tax Act, 1961, (hereinafter referred to as the Act) or a notice under Section 142(1) of the Act (described in Chapter VII, infra), likely non-compliance with such summons or notice, or the possession ...

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Income Tax search & survey operations in Rajasthan, Delhi & Mumbai

Income Tax - The Income Tax Department carried out search and survey operations on three groups on 13.07.2020. These operations are being carried out at 20 premises in Jaipur, 6 in Kota, 8 in Delhi and 9 in Mumbai....

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Income Tax search on Share Brokers unearths Illegal Gain of Rs. 5500 Crore

Income Tax - The search/survey action has unravelled the entire modus-operandi which has been adopted by the share-brokers/traders to trade into the illiquid stock options in Equity Derivative Segment and thereby generate artificial losses/profit by executing reversal trades in a very short span of time. By this contrived methodology, the unscrupulous...

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Income Tax Dept seizes substantial amount of cash in Tamil Nadu

Income Tax - On 15.11.2019, the Income Tax Department commenced a search action under section 132 in the case of a company in a tier 3 city in Tamil Nadu. The company is in the business of manufacturing certain specialized materials which are supplied to the health sector in India and abroad....

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Income Tax searches on prominent business groups in Mumbai

Income Tax - The Income Tax Department conducted search action in Mumbai and Surat on 06.11.2019 on entry providers and beneficiaries who have been engaged in execution of civil contracts mainly in Brihanmumbai Municipal Corporation (BMC). A total of 37 premises were covered under search action and 7 premises were covered under survey....

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Income Tax Department conducts search on a prominent business group in Pune

Income Tax - Income Tax Department conducted searches on a prominent business group in Pune on 06/11/2019 under the Income Tax Act, 1961. The searches were conducted at various places covering the cities of Pune, Mumbai, Nagpur, Delhi, Bengaluru and Noida....

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Onus on Revenue to prove Assessee Paid Donation to College in Cash

Shri Sulekh Chand Singhal Vs ACIT (ITAT Delhi) - The issue under consideration is whether the addition made by AO merely based on the statement recorded under section 132(4) of the I.T. Act is justified in law?...

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Addition for unexplained gold cannot include value of Silver

Shri Mohanlal Haridas Purwat Vs DCIT (ITAT Mumbai) - The issue under consideration is whether the addition for unexplained Gold made by combining the value of Gold and Silver is justified in law?...

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Jewellery not found during Search cannot be Treated as Sold to levy Capital Gain

Bina Aggarwal Vs ACIT (ITAT Delhi) - The issue under consideration is whether short of the jewellery found during search be treated as sold and capital gain attracted?...

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Section 115BBE not applies if no Section 69 addition for undisclosed investments during Assessment

ACIT Vs Sudesh Kumar Gupta (ITAT Jaipur) - whether CIT(A) is justified in quashing the action of the AO u/s 154 in applying provision of section 115BBE on undisclosed investment surrendered during the course of survey proceedings?...

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Narcotic Drug Seizure by Tax Officers not amounts to Seizure under NDPS Act

Anant Vardhan Pathak Vs Union of India (Bombay High Court) - whether the act of the Income Tax Officers of collecting and keeping the Narcotic Drug found during search in safe custody constitutes a seizure?...

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Illegal gratification paid to public servants- Discovered in I-T Raid

NA - (02/03/2020) - Incriminating documents and electronic data seized during the search show that substantial amount of illegal gratification was being paid to public servants and others every month. Further, daily details of unaccounted sales, bank accounts opened in the names of employees having transactions worth c...

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Income Tax Search led to discovery of hidden cloud servers

NA - (29/02/2020) - The highlight of the search is the discovery of hidden cloud servers other than the servers regularly used by the group for accounting, containing unaccounted transaction details often referred by the group as kaccha accounts....

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I-T Dept conducts search on an Educational Group in Chennai

NA - (11/11/2019) - On 07.11.2019, the Income Tax Department conducted search action under the Income-tax Act, 1961 in the case of a group of trusts that are running educational institutions in and around Chennai for the past thirty years. The institutes run by the group include a number of engineering colleges, polyte...

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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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Recent Posts in "search and seizure"

Onus on Revenue to prove Assessee Paid Donation to College in Cash

Shri Sulekh Chand Singhal Vs ACIT (ITAT Delhi)

The issue under consideration is whether the addition made by AO merely based on the statement recorded under section 132(4) of the I.T. Act is justified in law?...

Read More

Addition for unexplained gold cannot include value of Silver

Shri Mohanlal Haridas Purwat Vs DCIT (ITAT Mumbai)

The issue under consideration is whether the addition for unexplained Gold made by combining the value of Gold and Silver is justified in law?...

Read More

Jewellery not found during Search cannot be Treated as Sold to levy Capital Gain

Bina Aggarwal Vs ACIT (ITAT Delhi)

The issue under consideration is whether short of the jewellery found during search be treated as sold and capital gain attracted?...

Read More

Income Tax search & survey operations in Rajasthan, Delhi & Mumbai

The Income Tax Department carried out search and survey operations on three groups on 13.07.2020. These operations are being carried out at 20 premises in Jaipur, 6 in Kota, 8 in Delhi and 9 in Mumbai....

Read More
Posted Under: Income Tax |

Section 115BBE not applies if no Section 69 addition for undisclosed investments during Assessment

ACIT Vs Sudesh Kumar Gupta (ITAT Jaipur)

whether CIT(A) is justified in quashing the action of the AO u/s 154 in applying provision of section 115BBE on undisclosed investment surrendered during the course of survey proceedings?...

Read More

Analysis of Issues In Income Tax Search & Seizure Operations

Article covers 5 Issues In Income Tax Search & Seizure Operations which includes Issues In Income Tax Search & Seizure Operations  Search Assessment 1. Where the Assessing Officer of the Searched and Other Person Is Same 2. Whether the Assessee Can Lodge the New Claims, Claim Deductions and claim Reliefs 3. Whether Notice Under S...

Read More
Posted Under: Income Tax |

Narcotic Drug Seizure by Tax Officers not amounts to Seizure under NDPS Act

Anant Vardhan Pathak Vs Union of India (Bombay High Court)

whether the act of the Income Tax Officers of collecting and keeping the Narcotic Drug found during search in safe custody constitutes a seizure?...

Read More

Breaking Myths – Search Warrant under Income Tax Act

Warrant of Authorization [as stipulated under the Income Tax Act] The genesis of Search lies in the growing menace of Black money in our economy which is popularly known as Parallel economy. One cannot deny the fact that there are rampant tax evasion practices prevalent in our society and the government has constitutional duties to [&hell...

Read More
Posted Under: Income Tax |

ITAT remits back case of Actor Dulquer Salmann to AO

ACIT Vs. Shri Dulquer Salmann (ITAT Chennai)

ITAT Remit Back the case of Actor Dulquer Salmann (Assessee)  back to Assessing Officer (AO) as Information reconciling  source for investments which were added as undisclosed income were placed before it but not placed before AO....

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‘Reason to Suspect’ Vs. ‘Reason to Believe’ in Search & Seizure

‘Reason to Suspect’ Vs. ‘Reason to Believe’ in Search & Seizure It is receipt of some definite information by the department which results into initiation of search. This information leads to formation of “reason to suspect” and in turn “reason to believe”, to anticipate a breach or non-compliance of su...

Read More
Posted Under: Income Tax |

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