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