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

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<strong>Survey</strong>, <strong>Search</strong> & <strong>Seizure</strong> | 89 |Q. 28 if an assessee has jewellery or other valuables which waspurchased 06 years prior to the date of search and has proof ofpurchase of the same, or holding the same then, whether theIncome-tax department can make additi<strong>on</strong> in respect of the saidjewellery or other valuables to the total income of the appellant?Ans. Income-tax Department cannot questi<strong>on</strong> the Assessee in respect oftransacti<strong>on</strong>s prior to 06 Assessment years u/s 153A and notice canalso be issued u/s 148 for 7 th financial year.Q. 30 Pass book maintained by an assessee, whether c<strong>on</strong>stitutes booksof Account?Ans. Yes.Q. 31 Can the matter be referred to the valuati<strong>on</strong> officer for valuati<strong>on</strong> ofproperty etc by assessing officer in search cases?Ans. By, virtue of Amendment by Finance Act No.2, 2004 a new secti<strong>on</strong>is inserted which is sec. 142A, wherein the assessing officer is givenpowers to refer the matter in <strong>Search</strong> cases to the Valuati<strong>on</strong> Officerhence after 8-7-2004 AO can refer matter to valuati<strong>on</strong> officer to valueproperty etc.Q. 32 Whether validity of search and seizure proceedings can bechallanged during assessment proceedings before AssessingOfficer or in appeal before Commissi<strong>on</strong>er or TribunalAns. No, Please see Trilok Singh Dhill<strong>on</strong> v. Commissi<strong>on</strong>er of Incometax[2012]20 taxmann.com. 806 (chhattisgarh).www.taxguru.in

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