BY

P.SELVAGANESH, IRS

Disclaimer: The views expressed in the following presentation is academic and

personal. It does not purport to be the official view of the Department or the
Government of India
i. To address problems and issues that arise due to
evasion and avoidance of tax;
ii. To meet the menace of black money;
iii. To get hold of evidence having bearing on the tax
liability of a person which is withheld from the
assessing authority;
iv. To get hold of undisclosed assets representing
suppressed income.
i. 131
ii. 132, 132A
iii. 133A
i. Pr.DG/DG/Pr.Dir./Dir./Pr.CC/CC/Pr
CIT/CIT – Authorising Officer
ii. Addl.Dir./Jt.Dir./Addl.CIT/JCIT/DD/
AD/DCIT/ACIT/ITO – Authorised
Officer
i. Form No.45 – Sec.132 of IT Act – Rule 112(1) –
Warrant of Authorization u/s.132
ii. Form No.45A – Sec.132(1) of IT Act – Rule 112(2)(b)
– Warrant of Authorization u/s.132(1)
iii. Form No.45B – Sec.132(1A) of IT Act – Rule
112(2)(c) – Warrant of Authorization u/s.132(1A)
iv. Form No.45C – Sec.132A(1) of IT Act – Rule 112D(1)
– Warrant of Authorization u/s.132A(1).
i. Single or Multiple authorizations
ii. In respect of a Premise or a Person
iii. Entering into building before or after execution of
warrant
iv. Copy of Warrant – Right?
v. Affixture of signature on Warrant?
i. Independent witnesses
ii. Whose choice – Department or the assessees?
iii. Presence of Chartered Accountant / Lawyer in
search premises?
i. Taking control of the premises
ii. Restricting movement
iii. Restricting calls
iv. Restricting ingress or egress
i. To see the Warrant of Authorisation
ii. Identity of officers of Search team
iii. Lady officer to search ladies
iv. Lady to withdraw, according to customs/ not to appear in public
v. Two respectable independent witnesses
vi. Right to Medical Aid
vii. Allow children to go to School
viii. To have meals at normal time
i. To see the correctness of the statement recorded u/s 132(4)
ii. To have copy of Panchanama together with all the annexures
iii. To have copy of any statement used against him
iv. To have inspection of the seized books of account, etc., or take
extracts in the presence of authorised officer.
v. Can make an application objecting to the approval for retention of
books beyond 180 days from the date of the seizure.
i. To allow free and unhindered ingress into the premises
ii. To handover all books of a/cs, documents and handover the keys
to receptacles to the authorised officer
iii. To identify and explain the ownership of the assets, books of a/c
and documents
iv. To explain the ownership of the assets in the premises
v. To identify the every individual in the premises
vi. Not to allow or encourage entry of any unauthorised person in the
premises
vii. Not to remove any article from the premises
viii. To answer all questions truthfully/ affix signature/maintain
peace/to extend co-operation during search
i. Jewellery valuation and seizure
ii. Cash, books of Accounts, other valuables, FDs
iii. FDs – whether a valuable or a thing?
iv. Seizure of FDs and cash lying in Bank accounts
v. Valuables of other persons
vi. Guidelines for seizure of jewellery and ornaments
in course of search governed by Instruction
No.1916 dated 19.05.1994
i. Board’s Circular F.No.286/62008-IT(Inv.II) dated
21.01.2009
ii. Seized assets will be released on depositing of
money equivalent to the assets in the form of a
draft
iii. Accepts unconditionally the ownership /valuation
of the seized jewellery determined during search.
i. Search of other premises
a) Bank
b) Third party residences
c) Chartered Accountant’s place
ii. Professional Communication – Privilege?
(Section 126, 129 of Indian Evidence Act)
i. To inspect books of accounts or other documents
available at the place of survey.
ii. Check or verify the cash, stock or other valuable or
thing found therein.
iii. May require to furnish any information as may be
useful for any proceedings under the Act
iv. Survey (u/s 133A) can be converted to Search (u/s
132) as per law
 133A 132 (4)

Recorded, under Oath if 131 Recorded under Oath

invoked
Copy not given during recording Entitled for copy if used against

Cannot be used as an evidence Can be used as an evidence in the

proceedings

Addition can be made based on

conclusive evidence
i. Calling for information on lavish or ostensible
spending
ii. Information can be called for from related persons
iii. Information cannot be called for before or during
the event or functi0n
i. Discovery and inspection;
ii. Enforcing the attendance of any person, including
any officer of a banking company and examining
him on oath,
iii. Compelling the production of books of account
and other documents; and
iv. Issuing commissions.
v. Statement used as an evidence
174 Non-attendance to an order from Public Servant
175 Omission to produce document
178 Refusing Oath
179 Refusing to answer
180 Refusing to sign statement
181 False statement on oath
186 Obstructing Public Servant
197 Issuing of signing false certificate
i. Rules 10,11,12, 18 & 19 Order 16 of CPC
ii. Verify service of summons
iii. Non – attendance
iv. Proclamation
v. As per procedure of a Civil Court.
i. Pooranmal Vs. Director of Inspection - 931 ITR 505
(SC)
ii. ITO Vs. Seth Brothers – 741 ITR 836 (SC)
iii. M.P.Sharma Vs. Satish Chandra (SC)
iv. I. Devarajan Vs. T.N. Farmers Service Co-op.
Federation – 131 ITR 507 (Mad.)
v. Lan Eseda Steels Ltd. Vs. ACIT – 70 Taxman 46 (AP)
vi. Raj Kumar Vs. Union of India – 110 Taxman 483 (Punj.
& Haryana)
vii. Rajendran Chingaravelu Vs. R.K.Mishra – 30 Taxman
287
viii. Raghuraj Pratapsingh Vs. Asstt. CIT - 222 CTR 0153
ix. Rajendra Singh case (does it violate Human Rights)