There are two important proceedings under the Income-tax Act. They are
- Search & Seizure
- Survey
Laymen use these terms interchangeably and term both the Search & Survey as Raid. But both are not the same.
There are differences between Search & Survey.
| 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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