TAXMANN’S
Law Relating to
SEARCH & SEIZURE
A Comprehensive Commentary on Law relating to Search and
Seizure and Assessment of Search Cases
DR. Raj K. Agarwal
FCA, FCS, AICWA, LLB, PhD
DR. Rakesh Gupta
FCA, FCS, AICWA, LLB, PhD
Ex-Member, Income Tax Appellate Tribunal
As amended by
Finance Act 2011
This book makes an in depth analysis of the various
provisions of law relating to Search and Seizure, with
the support of various judgments rendered by
different
courts.
This book has been written more from practical point
of view addressing various practical issues which
keep on haunting a person undergoing the action of
search. Frequently Asked Questions (FAQs),certain
checklists for handling income tax search and
assessments and gist of leading case laws have
been given in the beginning of the book which may
be handy and useful to the readers of the book.
Direct Tax Code Bill, 2010 has been introduced in
the Parliament. This book will remain equally useful
and relevant even after enactment of Direct Tax
Code. A separate chapter has been devoted in the
book making comparative analysis of the provisions
under the existing Act and the proposed Code.
Dr. Raj K. Agarwal
FCA, FCS, AICWA, LLB, PhD
Dr. Rakesh Gupta
FCA, FCS, AICWA, LLB, PhD,
Ex-Member, Income Tax
Appellate Tribunal
Dr. Raj K. Agarwal has been meritorious throughout his academic career. He
has done M.Com, LL.B. and Ph.D. and is Fellow member of ICAI and ICSI and
Associate member of ICWAI. Having practised as Chartered Accountant for
more than 25 years as senior partner in M/s Rakesh Raj & Associates,
presently he is practicing as an advocate at Delhi High Court. He has wide
experience of handling Income Tax search cases and has poured his practical
experience in the form of this well researched book. He has been associated
with the academic activities of the Institute of Chartered Accountants of India
representing various committees of the Institute and with the Institute of
Company Secretaries of India representing its Northern India Regional Council
as Chairman in the year 2003. He has been contributing articles and
addressing various seminars on topics relating to income tax, accounting and
auditing.
Dr. Rakesh Gupta is a law graduate and Fellow member of ICAI and ICSI and
Associate member of ICWAI. He has done Ph.D. He was awarded gold medal
in LL.B. examination by the University. He along with Dr. Raj started practicing
as chartered accountant in the year 1984 in the firm M/s Rakesh Raj &
Associates. He was selected as Member of Income Tax Appellate Tribunal in
the year 2000 & thereafter he resigned from the service and started practicing
as an advocate as senior partner of M/s RRA TaxIndia at Delhi representing
income tax cases before various High Courts and before Supreme Court of
India. He is a prolific speaker and has been contributing to the profession by
addressing various seminars on regular basis on legal and practical topics
relating to Income Tax. He has been contributing articles in various
professional magazines, writing column in newspapers and making
appearances at T.V. channels.
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Chapter 1 :
Chapter 2 :
Chapter 3 :
Chapter 4 :
Chapter 5 :
Chapter 6 :
Chapter 7 :
Chapter 8 :
Chapter 9 :
Chapter 10 :
Chapter 11 :
Chapter 12 :
Chapter 13 :
Chapter 14 :
Chapter 15 :
Chapter 16 :
Chapter 17 :
Chapter 18 :
Search and Seizure- Nature of Provisions
Circumstances When Search Can Be Initiated
Authorization of Search
Validity of Search- Writ Jurisdiction
Actual Conduct of Search Operations
Seizure of Books of Account, Documents and Assets
Restraint Order- Section 132(3) and Section 132(8A)
Recording of Statement- Section 132(4)
Presumption under Section 132(4A)
Section 132(8)/ 132(10)/ 132(9)/ 132(9A)
Section 132A
Assessment
Handling of Assessment in Search Cases
Wealth Tax
Penalty and Prosecution in Search Cases
Application to Settlement Commission in Search Cases
Precautions before Facing Search Action
Direct Taxes Code Bill 2010
On the Go :•
Significant Check Lists on Various Issues Relating To Handling of Search & Assessment of Search Cases
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Reckoner of Leading case laws on significant issues
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Frequently Asked Questions (FAQ’s)
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An attempt has been made in this book to comprehend and address various
practical aspects relating to search and seizure, apart from discussing and
analyzing various complicated and controversial legal issues.
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Significant judgments of Supreme Court, different High Court and benches of
Tribunal have been discussed and analyzed at appropriate places.
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An attempt has been made in this book in case of controversial issues to give both
the views so as to bring on surface the different dimensions of the controversy
and wherever deemed appropriate, own opinion has been expressed by the
authors also.
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A chapter has been devoted regarding precautions to be taken by the assessees in
managing their financial affairs so as to face any action of search in a proper
manner. The authors have discussed the menace of black money prevalent in the
society and the causes as well as remedies of the same.
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Income Tax Act, 1961 is in the process of being replaced by new Direct Tax Code
very shortly. A separate chapter has been devoted in the book making
comparative analysis of the provisions under the existing Act and the proposed
Code.
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An attempt has been made to enlighten the desired amendments/clarification
required on various controversial issues relating to authorization and conduct of
search, release of assets, assessments, penalty, etc.
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Frequently Asked Questions (FAQs), gist of significant landmark judgments of
various courts and checklists for the guidance of the assessees while handling
income tax search and seizure action. Such material may be quite handy and may
provide readily available solution to certain practical issues.
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This book may be useful to the practicing tax consultants, taxpayers being
individuals or Corporate, senior executives working with the corporate world,
academicians and students and at the same time to the tax administrators as well.