Surveys under Income Tax Presentation by SANJAY JHANWAR, ADVOCATE CHIR AMRIT LAW CHAMBERS JAIPUR Chir Amrit Law Chambers
Statutory Provisions Sec 133 A CEREMONIAL SURVEY BUSINESS SURVEY (Sub Section 5) (Sub Sec 1 to 4) Sec 133 B Chir Amrit Law Chambers MASS SURVEY
Business Survey Who can do Survey: l l Authorised officer having jurisdiction over place / person. OR Other officer authorised by such officer (including inspector authorised by such officer. Provided the Asst. Director, Dy. Director, AO, TRO & inspector can exercise the powers of survey only with the prior approval of Jt. Comm or Jt. Director or higher authority as the case may Chir Amrit Law Chambers
Business Survey…. . When … Where … During business hours at the place of business At Business Place and Between sunrise & sunset at other places Chir Amrit Law Chambers (may not be principal place) or where Books/cash/ stock etc. stated to be kept
Business Survey……. Powers of Authorized persons ü Placing marks of identification on & making or causing to make copies, extracts from books/documents. ü Taking inventory of cash/stock/valuables. ü Recording statements (Not on oath). ü Impound Books of accounts & other documents But no power to remove cash, stock, other valuables. Chir Amrit Law Chambers
Business Survey. . . Obligation of Tax Payer during Survey to afford the facility ü ü ü To Inspect available books / documents required. To check / verify cash, stock or other valuables found. To furnish relevant information. If not provided or in case of refusal for statements, all powers u/s 131(1) including conversion into search Chir Amrit Law Chambers
Ceremonial Survey l l l Having regard to nature & scale of expenditure After the event only Power to require information ü ü l From assessee From any other person likely to possess the same Utilization of information as evidence in further proceedings. Chir Amrit Law Chambers
Mass Survey (Sec. 133 B) Object: l l l Collection of Information. To locate new assessee and thereby unearth black money. Persons who have been avoiding from coming into the tax net are brought into the mainstream, through a shop to shop or house to house survey. Chir Amrit Law Chambers
Confessions during Survey l l l Surrender for capitalization No Surrender for earlier period Corroborative Confessions Contradiction in statements Retraction of Confession Chir Amrit Law Chambers
Difference in Stock l Excess stock l Shortage in stock l Difference in valuation Chir Amrit Law Chambers
Papers & Documents l l l l With date vis-à-vis without date Complete vis-à-vis Incomplete Amounts in coded form Ownership Reconciliation with Books More than one record of the transaction Very old documents/ papers Chir Amrit Law Chambers
Conversion of Survey into Search l l If during the survey operation, information comes to the department which leads to formation of a reasonable belief that the conditions authorizing action u/s 132(1) exist, the department has right to take action u/s 132. Conversion of survey into search without independent application of mind was held as illegal. Chir Amrit Law Chambers
Levy of Penalty for Concealment l Current Year l Preceding Years l Adhoc Surrender l Corroborative Surrender Chir Amrit Law Chambers
Other Important Issues l l l Taking cheques of tax payment Copies of statements and impounded documents Telescoping and peak theory Retraction of confessions Post survey filing / revising of returns Chir Amrit Law Chambers
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