11.07.2015 Views

Download eBook on Survey, Search & Seizure under ... - TaxGuru

Download eBook on Survey, Search & Seizure under ... - TaxGuru

Download eBook on Survey, Search & Seizure under ... - TaxGuru

SHOW MORE
SHOW LESS

Create successful ePaper yourself

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

| 86 | Voice of CAor as may be prevalent at the relevant time, no such formality isnecessary. However, if these items are gifted by the friends visitingfrom abroad, it may be necessary to keep the details of their visitingfrom abroad, it may be necessary to keep the details of their visitsand a letter from them evidencing the fact of gift as well as thepayment of the customs duty supported by the customs receiptunless they were minor items covered <strong>under</strong> exempti<strong>on</strong> limit. In casethe imported items are purchased from some other pers<strong>on</strong>s in India,it may be necessary to keep the customs duty receipt evidencing thepayment made by the original purchaser and also in a letter or a salememo evidencing the sale.Q. 16 What evidence is needed to prove the wedding gifts?Ans. Now <strong>under</strong> the Dowry Act, it is essential to prepare a list of gifts ofvarious articles received at the time of marriage. This is to be signedby both the sides and copies are to be exchanged. If this is d<strong>on</strong>e, itwould be an useful evidence in favour of the assessee. In othercases, <strong>on</strong>e may follow the routine of maintaining a list, to the extentpossible, showing names of d<strong>on</strong>ors, amounts or articles gifted. In thecase of costly gifts, the d<strong>on</strong>ors may be examined as to their source,etc.Q.17 Whether notice u/s 131(1A) and 133(6) can be issued subsequent tosearch ?Ans. In Dr. Roop v. Commissi<strong>on</strong>er of Income-tax, Meerut [2012] 20taxmann.com 205 (All.) see also Neesa Leisure Ltd. V Uni<strong>on</strong> ofIndia through Secretary. [2011] 338 ITR 0460 (Guj). It was held thatthere is no substance in the submissi<strong>on</strong> that the notice u/s 131(1A)subsequent to search proceedings shows that the department didnot have sufficient material. Notice <strong>under</strong> secti<strong>on</strong> 131(1A) c<strong>on</strong>ferspower <strong>on</strong> the authorities as menti<strong>on</strong>ed in secti<strong>on</strong> 131(1), if he hasreas<strong>on</strong> to suspect that any income has been c<strong>on</strong>cealed or is likely tobe c<strong>on</strong>cealed. It is <strong>on</strong>ly an enabling power and does not in any wayaffect the search and seizure operati<strong>on</strong>s carried out <strong>under</strong> secti<strong>on</strong>132. Secti<strong>on</strong> 132 is an independent code in itself. See also NeesaLeisure Ltd.v. Uni<strong>on</strong> of India[2011] 16 taxmann.com 163 (Guj.)

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

Saved successfully!

Ooh no, something went wrong!