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Description
This books deals with the new procedure of assessment of search and seizure cases be it under the provisions of sections 153A, 153B or 153C of the Act which are in vogue since 1-6-2003; or be it under Chapter XIVB of the Act which was in vogue from 1-7-1995 to 1-6-2003; or be it in terms of Chapter XIXA of the Act by the Settlement Commission. A comparative study of the new and old procedure is made to bring out their distinguishing features at a glance.
Block assessment procedure threw up many controversies and attracted great deal of criticism. New procedure under sections 153A, 153B and 153C of the Act is an amalgam of the normal procedure of assessment which has been in vogue for decades with certain features copied from block assessments. It is yet to be tested whether implementation of the new procedure would be smooth or hazardous.
Procedure of settlement of cases is imminently connected with search and seizure cases. Therefore, provisions of Chapter XIXA have been examined critically and some suggestions have been made for more effective working of these provisions.
Law relating to initiation and conduct of searches and survey has got more or less settled over the years. The same, is therefore, given as a back ground material for the procedures which are the primary theme of the book.
The book will be immensely useful for the tax administrators, judiciary, lawyers, chartered accountants, consultants and the assessees caught in the net.
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Contents
Division I - Search, Seizure & Survey
Chapter 1. New Procedure of Assessments in Search or Requisition Cases
(u/ss 153A, 153B and 153C)
Chapter 2. Comparative Analysis of New Procedure with the Procedure for
Block Assessment
Chapter 3. Procedure of Block Assessments
Chapter 4. General Principles of Conduct of Search & Seizure
Chapter 5. Pre-conditions of Search and Requisition
A. Statutory conditions u/s 132(l)(a), (b), (c)
B. Existence of reasons to believe and nexus between the information
and formation of belief
C. Statutory powers of search, seizure and other ancillary functions as provided in
section 132(1) (i) to (v)
D. Power to requisition books of account u/s 132A
Chapter 6. Procedure to be Followed in Conduct of Search & Seizure
Chapter 7. Restraint Order under sections 132(3) and 132(8A)
Chapter 8. Recording of Statements and Legal Presumptions [u/ss 132(4) and 132(4A)]
A. Procedure and implications of statements recorded under section 132(4)
B. Legal presumptions under section 132(4A)
Chapter 9. Summary Assessments and Application of Seized Assets (u/s 132(5) and 132B)
Chapter 10. Retention of Books, Handing over of Seized Material & Inspection of
Books [u/s 132(8), 132(9A), 132(10)]
A. Retention of seized books of account and documents under section
132(8), handing over of seized material under section 132(9A) and return
of books to the proper person under section 132(10)
B. Inspection of seized books of account and documents under section 132(9)
Chapter 11. Penalties and Prosecutions
A. Penalty in relation to search and seizure
B. Offences and prosecution in relation to search and seizure
C. Disclosure under Explanation 5 to Section 271(1) (c)
Chapter 12. Survey
Chapter 13. Writs
Chapter 14. Model Questions and Answers
Appendix 1. Taxpayers' Charter
Appendix 2. Ground Rules for Search and Seizure
Appendix 3. Income Tax Raids - Assistant Directors on Raids not to do Assessment Work
Appendix 4. Relevant Provisions of Income-tax Act, 1961
Appendix 5. Relevant Provisions of Income-tax Rules, 1962
Appendix 6. Relevant Forms of Income-tax Rules
Appendix 7. Model Forms Inventory of Cash Found/ Seized
Appendix 8. Relevant Provisions of Code of Criminal Procedure, 1973
Appendix 9. Import of Gold and Silver as Baggage
Division II - Settlement of Cases
(under Chapter XIXA of Income-tax Act, 1961)
Chapter 15. Procedure for Settlement of Cases
Chapter I. Introduction
Chapter II. Composition and Administrative Jurisdiction of Settlement Commission
Chapter III. Functional Jurisdiction of the Settlement Commission
Chapter IV. Application for Settlement of Cases
Chapter V. Procedure on Receipt of Application
Chapter VI. Determination of Tax, Penalty and, Interest: Procedure u/ss. 245D (4) to
245D (8)
Chapter VII. Power of the Settlement Commission to re-open Completed
Proceedings: Section 245E
Chapter VIII. Powers and Procedures of Settlement Commission: Section 245F
Annexure A. Wealth-tax Settlement Commission (Procedure) Rules, 1997-
Annexure B. Settlement Commission (Income-tax/ Wealth-tax) (Recruitment and
Conditions of Service of Chairman, Vice-Chairman and Members) Rules, 2000
Annexure C. Direct Taxes Inquiry Committee (Wanchoo Committee)
Annexure D. Income Tax Settlement Commission Jurisdiction of Benches
Annexure E. Relevant Provisions of Income-tax Rules, 1962
Annexure F. Form No. 34B
Annexure G. Income-tax Settlement Commission (Procedure) Rules, 1997
Annexure H. Statutory Provisions under the Wealth-tax Act, 1957
Annexure I. Relevant provision of the Wealth-tax Rules, 1957
Subject Index
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Author Details
O.S. Bajpai has had a brilliant academic career. He served the Income-tax Department with distinction for more than three decades. Now he is a well-established Advocate practising at Delhi right upto Supreme Court. He is a prolific writer, having written five very well received books so far, namely (1) Purchase of Immovable Properties by the Central Government; (2) Assessment of Firms and Partners; (3) Search, Seizure, Survey and Raids; (4) Search, Seizure and Survey with Block Assessment in Search Cases. This is his fifth book. All his earlier writings have been widely acclaimed as authoritative books on the subjects. He has also been contributing articles and essays on subjects of topical importance, besides addressing seminars at several public forums.
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