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Income Tax Survey - Rights/Duties during Survey

 

INTRODUCTION
Surveys are used to verify statements and claims made by existing tax payers and to detect new tax payers, for a proper assessment of the tax liability of a taxpayer.

TYPES OF SURVEY

A. Specific Survey [section 1 33A(1 )]: This is the survey of the business premises of a tax payer.

B. Survey of ostentatious expenditure [Section 133A (5)]: Collection of information regarding nature and scale of expenditure on functions, ceremonies and events such as marriages, birthday parties, anniversaries, etc.

C. Door to Door survey [Section 1 33B]:

 Survey of all premises where business or commercial activities are carried on and obtain information in Form 45D.


RIGHTS OF THE PERSONS PRESENT IN THE PREMISES:

a) To verify the identity of the officials.

b) Vehfy the authorisation and to check that the name and address of the premises and the name of the Inspector are correctly mentioned.

c) To obtain a copy of statement recorded by the Authority conducting the survey.

d) To consult & defend by a legal practitioner of his choice.

DUTIES OF THE PERSONS PRESENT:

The persons present in the premises surveyed must offer the following facilities to the Income-tax Authorities:

Survey under section 133A:-

a) Facility to inspect the books of account and documents;

b) Facility to check or verify cash, stock or other valuable articles;

c) To furnish such information as may be required on any proceeding under the Act; and

d) Offer cladfications that are necessary.

Survey under section 133B:

 1. Form 45D filled and signed in duplicate.

2. To furnish clarifications sought by the authority conducting survey on the information furnished in Form No. 45D.

POWERS OF INCOME TAX AUTHORITIES:

Under Section 133A (1)

a) To inspect books of account and other documents available in the premises & place marks of identification on them.


b) To checkfverify cash, stock or other valuables or things which may be found.


c) to make an inventory of cash, stock or any other valuable articles or things;


d) to obtain any information/record of statement useful or relevant to any proceeding under the Act;


An authorised inspector can exercise powers mentioned at (a) only.


Under section 133A (5)


a) To require the assessee or any other person, who has incurred the expenditure to furnish information which may be useful for any proceeding under the Income-tax Act.


b) To record the statement of the assessee or any other person.


Under Section 133B


The Income-tax authority is empowered to enter the premises falling in his jurisdiction wherein a business or profession is being carried on, and to require the proprietor, the employee or any other person who may be attending to the business or profession, to furnish information in Form No. 45D which has been prescribed for this purpose. The income-tax authority shall confine himself to obtaining information in this form. He may, if necessary, ask the person present in the premises to explain any entry in the columns of the form and may also seek clarification, if there are obvious or glaring contradictions in the information furnished.

 
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