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Search and seizure actions

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..... issue of warrants and completion of search proceedings are strictly followed and warrants are issued only for the purposes for which the search is authorised. Henceforth, DIT (lnv.) will obtain administrative approval of DGIT (lnv.) before a search warrant is issued. (ii) Efforts should be made to prevent indiscriminate seizure causing avoidable harassment to the taxpayers. For this purpose, the search party should equip itself with full information regarding the declared assets of the taxpayer from the returns of income/ wealth filed, so that only undisclosed assets are seized as a result of search for quantifying the concealed income and appropriation of taxes due on such income. A quarterly report is required to be sent by DGsIT to Memb .....

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..... em) is being asked to develop a software for capturing data containing basic assessment information for last 3 years for all individual assessees having income over Rs. 5 lakhs. It is suggested that information be networked among the DGsIT(lnv.) on their computers and no DGIT should be authorised to delete any information from the Data Bank. (x) The list to top 20 taxpayers of each CCIT/DG1T charge and of corporate assessees with income above Rs. 10 crore in Mumbai, Delhi, Calcutta and Chennai and above Rs. 1. crore in all other places may be placed in the Data bank. Efforts should be made to revive 'High Flyers Taxpayers List' for metropolitan charges. (xi) The Taxpayers Charter indicating Rights and Duties of the Taxpayers issued by CBD .....

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..... the facility of having meals, etc., at the normal time. 13. To have a copy of any statement before it is used against him in an assessment or prosecution proceedings. 14. To have inspection of the books of accounts, etc., seized or to take extracts therefrom in the presence of any of the authorised officers or any other person empowered by him. 15. To make an application objecting to the approval given by the Commissioner of Income tax for retention of books and documents beyond 180 days from the date of the seizure. PARTY'S SIGNATURE Date : Witness 1 Witness 2 Countersigned Authorised Officer Note : A copy of this invariably be served on the person searched in the presence of witnesses by the authorised officer of the search part .....

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..... at: i) If he refuses to answer a question on a subject relevant to the search operation, he shall be punishable with imprisonment or fine or both, under section 179 of the Indian Penal code; ii) Being legally bound by an oath or affirmation to state the truth, if he makes a false statement, he shall be punishable with imprisonment or fine or both under section 181 of the Indian Penal Code; iii) Similarly, if he provides evidence which is false and which he knows or believes to be false, he is liable to be punished under section 191 of the Indian Penal Code 1. To affix his signature on the recorded statement, inventories and the panchnama. 2. To ensure that peace is maintained throughout the duration of the search, and to cooperate .....

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