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Rights of an Assessee during Income Tax Raid

What’s in a raid?

v  Authorisdd officers of the IT department can search residential and business premises, vehicles and bank lockers and seize the account books, stocks and valuables.

v They can also u/s 1 32A, requisition books of accounts and valuables seized by other government departments for investigation under the Income Tax Act.

Assessee rights during IT raid

  1. It is the duty of the raiding officers to keep two independent witnesses from the locality as panchas.

  2. if there are kids they must be allowed to go to school.

v  IT sleuths, can however, look inside the school bags.

 v The raids can only start between sunrise and sunset. However they can continue, and do, for 48 hours.

v  The assessee has the right to see the search warrant and the identification of the authorised officer.

v The person being raided can insist that the female members in the family be searched by a female.

v The person being raided has to give his statement during or after the raid. Silence usually does not pay as it leads to an adverse inference against him/her.

v  The assessee should remember that he or she has a right to personally search the IT officer to ensure that there is no planting of evidence.

v  The assessee can have his own seals on the packages which are seized and is entitled to a panchanama copy.

v  Women have the right to withdraw from appearing before a search party if according to custom she does not appear in public

v  The assessee has the right to call a doctor if necessary and the right to eat at meal time.

After the Raid
v  Legal experts say the only redress for those who feel they have been unfairly raided is to file a writ petition before the High Court challenging the raid.

v  Another option is to challenge the assessment before the Commissioner of Income Tax (Appeal)

v  Once the IT dept. has seized all the documents and property it can, without giving reasons, reopen assessment for the last six years.

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> Finance Act. 2014 - Highlights ( Tax Rates for AY 2015-2056)
> e-Payment of Tax & e-Filing
> Exemptions at a Glance
> Deductions at a Glance
> Taxable & Non-Taxable Perquisites
> Leave Encashment & Arrear of Salary
> Exemptions under Capital Gains
> Gift-Taxable under Income Tax
> Gift Tax-An insight to Tax Planning your Gifts
> Guide to various Tax Saving Schemes
> Family Tax Planning - Best way to Lower your Tax
> Choose the Right Tax Return Form
  Chat Showing Computation of 'SALARY' Income
> Advance Income Tax with due Dates for Filing Return
> TDS Table & their Limits
> Permanent Account Number (PAN)
> Easy way to calculate your Income Tax
> Hints for Filing Income Tax Returns
> Annual Tax Statement (ATS) for TDS
> Filing of Income Tax Return & Few Points
> Income Tax Survey - Rights/Duties during Survey
> How your Return File is Assessed / Scrutinised
> Rights of an Assessee during Income Tax Raid
> Reverse Mortgage Loan for Senior Citizen
> Education Loan - Tax Relief u/s 80E
> Save Tax on Your Home Loan

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