Tax notices + litigation · Income Tax Notice
Section 131: IT survey, search and seizure
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Facts
Three different actions, very different rights:
Provisions and law
- IT Act 1961, Sec 131, 132 (Search), 133A (Survey)
Analysis
Sec 133A Survey: IT officers visit your business premises during business hours. They can inspect books, stock, cash. Cannot take documents without consent. Cannot seal premises. You must cooperate but you have rights, call your CA before making any statement. Sec 132 Search (Raid): Requires authorisation from PDIT/DIT. Can be conducted at any time, including home. Officers can take documents, cash above ₹25,000 explained threshold, jewellery above CBDT limits. Duration: can continue for days. Sec 131(1A) (now Sec 246, Income-tax Act 2025) Summons: IT dept summons you for recording statement, you must appear. You have the right to a CA advisor present. Never make a statement without consulting your CA first.
Conclusion
- Demand to see the authorisation order, officers must show warrant before entry
- Call your CA immediately, you are entitled to consult an advisor
- Cooperate, obstruction is an offence (Sec 275B, ₹10,000 penalty)
- Do not make any statement of admission until CA is present
- Maintain a panchnama (list of seized items), insist on receiving a copy
- Cash seized beyond threshold, get a receipt, claim it's explained income later
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