There are two important proceedings under the Income-tax Act. They are
- Search & Seizure
Laymen use these terms interchangeably and term both the Search & Survey as Raid. But both are not the same.
|Point of Difference||Survey||Search & Seizure|
|Section||133A of the Income-tax Act,1961||132 of the Income-tax Act,1961|
|Place of Conduct||Place where business or profession is carried on and in exceptional circumstances, can be in residential or other premises.||It can take place in any building including office, shop, residence, godown, vehicle, etc without any restriction , within the jurisdiction of the officer.|
|Activity that can be undertaken||Inspection of books of accounts, verification and cash & inventory can be done||The entire premises being searched can be inspected. Break open of lockers, etc, where the officer feels that search has to be done.|
|Seizure||Officer cannot seize anything except impounding books of accounts||Officer is empowered to Seize books, stock, gold, jewellery, or other valuable articles|
|Personal Search||Personal search of a person cannot be done||Every Person in the search can be personally searched|
|Police involvement||Police cannot be involved in the operation||Police can be involved in the search operations|
|Conversion||Survey can be converted into a Search based on findings||No such provision.|
|Scope||Limited Scope||Unlimited scope|
The assessees has to ascertain the nature of proceedings and act accordingly.
Whether its Survey or Search, being regular in complying with provisions of the Income-tax act & replying to notices and communications sent by the Income-tax department will save you and ensure peace of mind by avoiding Survey or Search.
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