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

Survey, Search & Seizure | 63 |j. NO CONfeSSIONAL STATeMeNT IN The COuRSe OfSeARCh, SeIzuRe ANd SuRVeYf.No. 286/2/2003 – IT (Inv)GOVeRNMeNT Of INdIAMINISTRY Of fINANCe & COMPANY AffAIRSdePARTMeNT Of ReVeNueCeNTRAL bOARd Of dIReCT TAXeSRoom No.254/North block,New delhi, the 10 th March,2003.ToSir,All Chief Commissioners of Income Tax, (Cadre Contra)& All Directors General of Income Tax Inc.,Subject: Confession of additional income during the course ofsearch & seizure and survey operation – regarding.Instances have come to the notice of the Board where assesses haveclaimed that they have been forced to confess the undisclosed incomeduring the course of the search & seizure and survey operations. Suchconfessions, if not based upon credible evidence, are later retractedby the concerned assesses while filing returns of income. In thesecircumstances, on confessions during the course of search & seizureand survey operations do not serve any useful purpose. It is, therefore,advised that there should be focus and concentration on collectionof evidence of income which leads to information on what has notbeen disclosed or is not likely to be disclosed before the Income TaxDepartments. Similarly, while recording statement during the courseof search & seizures and survey operations no attempt should be madeto obtain confession as to the undisclosed income. Any action on thecontrary shall be viewed adversely.Further, in respect of pending assessment proceedings also, assessingofficers should rely upon the evidences/materials gathered during thecourse of search/survey operations or thereafter while framing therelevant assessment orders.Yours faithfully,Sd/-(S.R.Mahapatra)Under Secretary (Inv.)www.taxguru.in