Survey, Search and Seizure under Income Tax Act 1961

1.SURVEY

• Introduction
• Types of survey
• TDS survey
• Power of survey also applicable to charitable institutions
• Authorities empowered to conduct survey u/s 133A
• Jurisdiction of the income-tax authority for conducting the survey u/s. 133A (1)
• Places where the survey can be conducted u/s 133A(1)
• Time for commencement of survey u/s 133A(2)
• Powers of Income-Tax Authorities conducting survey
• Recording of statement during survey
• Retraction of statement made by the assessee
• Acts not permitted during a survey
• Limited powers of the income-tax inspector
• Rights of the tax payer during the survey
• Obligations of the tax payer during the survey
• No confessional statement can be obtained during survey
• Obligations of the tax payer during the survey
• No confessional statement can be obtained during survey
• Use of information, statements obtained during a survey proceedings
• Discrepancies found during the verification of stock and cash
• Presumption as to books of account, cash, stock, valuable article or thing found during course of survey
• Conversion of survey into search
• Issues in survey
• Post Survey Exercise
• Assessment Procedure
• Remedies after Survey Assessment
• Rate of Tax –Regular or Sec 115BBE
• Applicability of Penalty u/s.270A
• Illegal Survey
• Implications on GST
• Survey Under Section 133A(5)- Functions, Events Or Ceremonies
• Do’s and Dont’s for assessee

2.SEARCH AND SEIZURE

•  Introduction
• Hierarchy of Investigation Wing
• Reason to Believe
• Powers & Limitations of Income tax Authorities
• Powers & Duties of Assessee
• Recording of Statement
• Seizure of Jewellery & Stock in Trade
• Section 132A - Powers to Requisition Books of Accounts, Documents & Assets etc.
• Section 132B – Application of seized or Requisitioned Assets
• Witness to Search Proceedings
• Issues relevant for CAs with respect to Income Tax Proceedings
• Few Case Laws
• Rights and Duties of Persons Searched

3.NEW BLOCK ASSESSMENTS SCHEME UNDER SEARCH CASES

• Section 158B- Definitions
• Section 158BA- Assessment of total income as a result of search
• Section 158BB- Computation of total income of block period
• Section 158BC- Procedure for block assessment
• Section 158BD- Undisclosed income of any other person
• Section 158BE- Time Limit for completion of block assessment
• Section 158BF- Certain interest and penalties not to be levied or imposed
• Section 158BFA- Levy of Interest in and Penalty in certain cases
• Section 158BG- Authority competent to make assessment of block period
• Section 158BH- Application of other provisions of this Act
• Section 158BI- Chapter not to apply in certain circumstances

Experienced Faculty

CA Hari Agarwal Presented more than 150 papers Mainly on “Survey,Search &Seizure”, in the seminars organized by various branches of ICAI in different states.Contributing monthly column on “Survey, Search & Seizure Update” for more than 25 years, in the news letters published by the Hyderabad Branch of ICAI.Authored a book titled “Tax Payers’ Practical Guide to Survey under Income Tax Act, 1961” Co- authored by Partners(Sons) CA Varun Agarwal and CA Vivek Agarwal.Faculty on Direct Taxes for Post qualification Certificate Courses Conducted by ICAI Formerly nominated as member of Ethical Standards Board of ICAI, New Delhi.