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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> | 11 |a) To enter the place other than the business premises, if the assesseestates that the cash, stocks, records and books of account relatingto the business are lying there.b) To impound books of accounts and other documents found andinspected during survey with effect from 1 st June, 2002, afterrecording reas<strong>on</strong>s and also to place marks of identificati<strong>on</strong> <strong>on</strong>the books of account. Further to take copies, extracts from suchbooks of account and documents or recordsc) To enter the place of business during the business hours and inother places, <strong>on</strong>ly after sunrise and before sunset.d) To make an inventory of any cash, stocks and other valuableschecked by him.e) To record the statement of any pers<strong>on</strong>.f) To collect informati<strong>on</strong> regarding nature and quantum ofexpenditure incurred in c<strong>on</strong>necti<strong>on</strong> with pers<strong>on</strong>al functi<strong>on</strong>s andevents like a wedding cerem<strong>on</strong>y and any other functi<strong>on</strong>s.g) To discover, and producti<strong>on</strong> of evidence etc., <strong>under</strong> secti<strong>on</strong>131(1), <strong>on</strong>ce there is n<strong>on</strong>-cooperati<strong>on</strong> of the assessee.However it may be noted that <strong>on</strong>ly some of the above powers areexercisable by an Income TaxQ.9 Are there any restricti<strong>on</strong>s <strong>on</strong> powers of an Income Tax Inspectorduring <strong>Survey</strong>?Ans. It may be noted here that all the powers of a survey team are notavailable to an Income Tax Inspector in so far as he can <strong>on</strong>ly inspectthe Books of Accounts and other documents found at premises<strong>under</strong> survey, place marks of identificati<strong>on</strong> <strong>on</strong> them (which hasbeen inspected by him), make or cause to be made copies thereof orexercise all powers available u/s 133A(5).As such an Inspector of Income Tax can not check, verify, make aninventory of cash, stock, etc. and also can not record the statement ofany pers<strong>on</strong> during the course of survey.Q.10 Is there any bar <strong>on</strong> initiati<strong>on</strong> and completi<strong>on</strong> of survey? Cansurvey c<strong>on</strong>tinue bey<strong>on</strong>d business hours & in wee hours?www.taxguru.in

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