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Survey, Search & Seizure Income Tax Act, 1961

Survey, Search & Seizure Income Tax Act, 1961

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Instruction no. 286/247/98_IT(Inv. –<br />

II)2nd Feb., 1999<br />

Release of assets disclosed in regular books of accounts maintained by<br />

asssessee.<br />

1. Such Seized assets could be released subject of course to recovery<br />

action by the department against existing arrears.<br />

2. In case of seizure of perishable goods and jewellery could be use<br />

for personal use – If unconditional irrevocable bank guarantee to the<br />

full extent of the value of the seized assets is given, the asserts<br />

could be released to that extent. The valuation shall be done by the<br />

<strong>Income</strong> <strong>Tax</strong> Department and the guarantee should be clear and<br />

unequivocal.<br />

3. The bank guarantee should be valid till the relevant assessment<br />

proceedings are complete and taxes are collected.<br />

4. If the seized assets have specific evidentiary value in prosecution<br />

the assets will not be released till the completion of prosecution<br />

proceedings.<br />

73

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