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

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| 60 | Voice of CAE. Instructi<strong>on</strong> No: 1180 Date of Issue: 1/6/1978Reference to the valuati<strong>on</strong> cell in search & seizure cases. Some of the searchand seizure operati<strong>on</strong>s have revealed c<strong>on</strong>siderable <strong>under</strong>statement ofthe value of immovable properties that the full investment in immovableproperties, plant and machinery have not been disclosed by the assessees.Commissi<strong>on</strong>ers should get immovable properties etc. valued inappropriate cases wherever there is a reas<strong>on</strong>able ground for suspectingsubstantial <strong>under</strong> valuati<strong>on</strong> / <strong>under</strong>statement of investment in accordancewith the guidelines c<strong>on</strong>tained in Instructi<strong>on</strong> No.365.F. Instructi<strong>on</strong> No.1497 Dt.13 Th January, 1983, <strong>Search</strong> and <strong>Seizure</strong>-Openingof LockersTo ensure that the informati<strong>on</strong> about lockers is available early, theauthorized officers should so<strong>on</strong> after entering the premises, record theparties’ statement and get him/her committed about the number oflockers, c<strong>on</strong>tents thereof and source of acquisiti<strong>on</strong>. The lockers wouldbe opened as early as possible, but in any case within a week. It hasbeen decided that where the lockers sealed cannot be opened within theperiod of 7 days, the reas<strong>on</strong>s for the delay should be intimated to theDirector General (Investigati<strong>on</strong>). The informati<strong>on</strong> about the lockers whichremained sealed for more than a week as <strong>on</strong> 30 th Nov.,1982 should be sentto the Director General (Investigati<strong>on</strong>)/Board so as to reach not later than31 st Janl,1983. The report for subsequent m<strong>on</strong>ths should reach the DirectorGeneral (Investigati<strong>on</strong>) by the 15 th of the following m<strong>on</strong>ths.G. Circular No. 1590, dated 21-12-1984 F.No. 287 / 25 / 83-IT (Inv. II),states treatment of unaccounted stocks restrained / seized in benami/ fictitious names.There may be cases where assets in the form of unaccounted stocks havebeen restrained / seized by the Department apparently held in the benaminames. In some cases, the bank accounts might have also been discoveredwhich were operated in the names of fictitious pers<strong>on</strong>s. It has been decidedthat the following course of acti<strong>on</strong> should be adopted in all such cases:-i. The Income-tax Officer having territorial jurisdicti<strong>on</strong> at the addressdeclared should issue a notice <strong>under</strong> secti<strong>on</strong> 139(2) in the name of apers<strong>on</strong> who is declared as an owner of the said assets.

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