Discussions on legal framework governing search, seizure under I-T Act

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“While surveys related to tax are restricted to daytime, searches may occur at any hour,” said S M Surana, chairman, direct taxation sub-committee, Bharat Chamber of Commerce, while speaking at a session titled “Navigating Legal Boundaries: Essentials of Search and Seizure” recently.

The Bharat Chamber Ladies Forum, in collaboration with the Bharat Chamber of Commerce, hosted a special session featuring Surana and Advocate CA Ramesh Patodia as guest speakers.

Mr Surana elaborated on the legal framework governing search and seizure under the Income Tax Act. He emphasised that searches are conducted only when authorities receive credible information on potential tax evasion, supported by documented reasons. “These operations may include associates or third parties but exclude lawyers and accountants unless explicitly requested by the taxpayer,” he said.

Highlighting procedural nuances, Surana clarified gold jewellery holding limits—500 grammes for married women, 250 grammes for unmarried women and 100 grammes for men—with exemptions for wedding gifts and inherited jewellery, provided proper documentation is available.

Advocate CA Ramesh Patodia underscored the structured and transparent approach of India’s search and seizure protocol, which provides taxpayers 60 days to disclose undisclosed income or assets, a provision superior to those in countries like the US and UK.