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Rights of assessee during survey and raid

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Rights of assessee during survey and raid

October 22
18:04 2014

Rights of Assessee During Raid
Any Tax Paying individual and in some cases, even non tax payer can be subjected to income tax raid and scrutiny. It is important to under stand the rights and duties of assessee during income tax raid or survey

22 October 2014, Chandigarh: Income tax raid or survey makes most of the common assessee’s panic. Even the utmost genuine taxpayers dread the income tax raid. One of the genuine causes of such fear is the lack of information about the rights of the assessee during income tax raid or in case of IT survey.

If you are an Indian resident, an assessee who is subject to Income tax, the income tax department has all the rights to verify the credentials it deeps fit. All the rights of the IT officials conducting such survey have been listed under section 133A (1), 133A (5) and under section 133B.

There are three kinds of surveys conducted by the IT officials

  1. Specific Survey under section 133A (1): Survey conducted at the tax payer’s business premises.
  2. Survey related to ostentatious expenditure under section 133A (5): Such survey is conducted when the IT official need to understand nature or scale of the expenditure conducted on the occasions such as marriages, parties, birthdays or anniversaries, etc.
  3. Door-to-Door survey conducted under section 133B: Such survey can be conducted at all the premises including the business premises or the places where any kind of commercial activities related to the assessee might be available. The information obtained from such survey is recorded in Form 45D.

What you must know about your rights during an IT survey:

You have all the rights to verify:

  1. The identification of the IT officials paying you a visit
  2. Authorization of the survey
  3. Check the name and location of the property mentioned in the authorization
  4. Name of the Inspector authorized to conduct the survey
  5. Get a copy of the statement that is recorded by the IT Authority
  6. Consult as well as be defended an legal IT practitioner

Being a responsible citizen of India, you have a few duties towards IT surveys as well. For those present at the survey premises, you must facilitate the IT authorities with (u/s 133A)

  • Inspection of the books of the accounts and of the documents
  • Check as well as verify the cash, any stock as well as any other valuable articles
  • Any information that may be required to proceed under the Act
  • Any clarification that they find as required

For Survey u/s 133B:

  • Form 45D – filled with correct information and must be signed in two copies including a duplicate.
  • Furnish all clarifications required by the IT survey authorities for the information provided by you in the form 45D.

Get information related to 
How to prevent an IT raid and appeals proceedings under income tax act, 1961

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