21.01.2015 Views

Survey, Search & Seizure Income Tax Act, 1961

Survey, Search & Seizure Income Tax Act, 1961

Survey, Search & Seizure Income Tax Act, 1961

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Whether a survey can be converted into<br />

search<br />

i. i. Law prescribes no bar on initiating search proceedings during the<br />

course of survey but will depend upon the facts and circumstances<br />

prevailing at the time of survey<br />

ii.<br />

The survey ordered at the premises of the petitioners u/s 133A of the<br />

<strong>Act</strong> and conversion of the said operation on the basis of the authority<br />

given by the Additional Director are legal : Vinod Goel & Others vs<br />

Union of India and others 252 ITR 029 (P&H)<br />

i. <strong>Survey</strong> authorisation in the name of doctor, then search<br />

operation at the residence of doctor and hospital premises<br />

belonging to trust is not valid, where no reasons for<br />

conversion of survey operation into search operation were<br />

given. Dr. Nalini Mahajan v. Director of <strong>Income</strong> <strong>Tax</strong><br />

(Inv.) [2002] 257 ITR 123 (Del.)<br />

26

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!