Conversion of Income Tax Survey Into Search: No Hasty and Slipshod Approach

Ashish Parashar – [2022] 134 taxmann.com 127 (Article)

As we head towards the third wave of this never-ending Covid-19 Pandemic and in the midst of the upcoming elections to be held in different parts of the country next month, the most common news hitting the professional circuits nowadays is that of “Income Tax Searches” regularly conducted on large business houses u/s 132 of the Income Tax Act, 1961 (The “Act”) and various Surveys u/s 133A of the Act conducted on such associates and entities having close nexus with the person(s) so searched u/s 132.

Hence, it remains an important question in the mind of the assessees at large to understand that whether the Income Tax Department within its power, can convert the Income Tax Surveys u/s 133A into Search Proceedings u/s 132 of the Act and the legal provisions in this regard.

In this article, the author has tried to encompass the practical aspects to demonstrate on the cited subject as to whether the survey proceedings u/s 133A can be converted into search proceedings u/s 132.

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