INCOME TAX RAID !! WHAT YOU SHOULD DO ?
K Satish Kumar LLB, CMA
Group Chief Legal Officer Also Conferred "Top General Counsel - 2022" - Forbes | "GC PowerList India - 2023" by London Based Legal 500 | "Legal Counsel of the Year -2018"by INBA|
INCOME TAX RAID ! WHAT YOU SHOULD DO ?
Answer: 1) When IT raid happens at your place, check for their search warrant and also note the date, address and authorization.
2) Note down the name and designation of each member. You may also ask for their identification mark.
3) Women should be careful and should only allow lady search teams to search them. If religious belief does not allow them then they need not appear in public.
4) You can have your routine life in tact. You need not change the routine life because of search taking place.
5) You can have your doctor attend you if required.
6) Children can go to school or college.
7) Specified Jewelry limit are 500 grams per married lady, 250 grams per unmarried lady and 100 grams per male members.
8) You may note and check from the search warrant if it is a survey or the warrant. If it is a survey then they do not have the right to seize and take away the jewelry. They can however, take documents and files.
9) Make or get a list of detailed seized assets list.
10) You may also get witness to come to your home during such raids.
11) If any of the assets do not belong to you then please make a list of those and give details of the actual owner.
12) The raids can only happen between sunrise to sunset.
13) You are also entitled to a copy of the Panchanama.
14) You may call your lawyer during such raid.
15) After reading and confirming with your lawyer, You should affix your signature on the recorded statement, inventories and the panchanama.
16) If you feel that the action of the department is unfair, you can file a writ petition before the High Court challenging the raid.
17) You may also challenge the assessment before the Commissioner of Income Tax (Appeal).
18) Only talk to the Officer-in-Charge and not to everyone.
Disclaimer: The views expressed here are solely those of the author in his private capacity.
Founder - AB Advocates & Attorneys & Co-founder & Partner in Confier Law Firm
6 年Sir, very well and point wise you have explained.