Surveys u/s 133A of the IT Act- preliminary report - regarding. - Income Tax - F. No. 414/105/2008-IT(lnv.l)

F. No. 414/105/2008-IT(lnv.l) Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes New Delhi Dated: November 30, 2009 Sub: Surveys u/s 133A of the IT Act- preliminary report - regarding. Survey Manual 2007 prescribes a Preliminary Survey Report to be submitted by the Authorised Officer within 48 hours of conclusion of survey, as per the format mentioned (Annexure-F to the Survey Manual 2007). It is brought to the notice of the Board that this procedure is not being followed in some of the charges. 2. In partial modification of the procedure prescribed in the Survey Manual-2007, I am directed to state that following guidelines should be strictly observed:- (i) Record of Survey Proceedings as per format prescribed in Annexure E of the Survey Manual 2007 has to be prepared at the Survey premises itself and copy of the same is to be handed over to the assessee, or the person present at the premises on behalf of the assessee. (ii) The format of Preliminary Survey Report in Annexure-F is partially modified, as enclosed herewith (in place of the existing format prescribed in Annexure-F of Survey Manual). The Preliminary Survey Report should be faxed by the authority conducting the Survey within 24 hours of conclusion of Survey to the CIT and CCIT/DGIT (Inv.) concerned. Where Survey is conducted by the officers working in Directorate of Income tax (Inv,), copy of the Preliminary Survey Report should be forwarded to the DIT (Inv.), jurisdictional CIT and CCIT within 24 hours of conclusion of Survey. 3. The MIS on Survey cases should be submitted on a quarterly basis, as per format prescribed in Annexure enclosed herewith. The MIS on Survey cases where undisclosed income is Rs One Crore or above for Metro Charges and Rs 50 lakh or above in non-Metro charges, should be forwarded by the CCIT/DGIT to the Zonal Member. The MIS of Survey cases below these monetary limits are to be monitored by the CCIT/ DGIT concerned. 4. These guidelines may be brought to the notice of all officers working in your region, for strict compliance. Encl. As above (Salil Mishra) Under Secretary (Inv.I) Preliminary Survey Report u/s 133A (1) (To be submitted by Authorised Officer within 48 hours from conclusion of survey) SI. No. Particulars 1 Name address of the assessee 2 PAN/TAN and Status 3 Name, address, PAN/TAN Status of other Concerns covered in the Survey 4 Total number and address of all premises where Survey was carried out 5 Date of Survey, time of entry and time of Conclusion 6 Date of approval of Survey (Granted by appropriate authority) 7 Name Designation of all members of Survey Team 8 Main issue/allegations on the basis of which survey was conducted 9 Persons present, at the premises 10 Significant Survey findings:- (a) Cash Book (i) Whether Cash Book was maintained up to date of Survey? If not, please mention the last date up to which it was maintained and mention the closing balance? (ii) Quantum of cash found, extent of discrepancy noticed with regard to the Cash Book, explanation given by the person present (b) Stock Register (i) Whether stock register was maintained up to date of Survey? If not, please mention the last date up to which it was maintained, and mention the Closing Stock? (ii) Value of Stock determined at the time of Survey, extent of discrepancy with stock reflected in Books (c) List of Books of accounts/documents seen, details of marks of identification placed thereon-Books of A/c Signed At Page No. Signed By Cash Book Ledger Others (specify) (d) Whether trading account from 1st April till the date of Survey was prepared? If so, Gross Profit determined Whether any other document or evidence (e) Wheather any other document or evidence discovered during survey which has revenue implication for current year or earlier years. If so details thereof/ (f) Whether any such document/evidence In original has been al lowed to be retained by the assessee? If so, details thereof? (g) Whether any additional tax is paid or assured as a result of survey? 11 Statements recorded on oath- (a) Name of the person and relation with the Assessee (b) Name of the Officer who has recorded the Statement (c) Any significant admission in the statement 12 (a) Books of accounts/documents impounded in the course of survey (b) Whether reasons were recorded for impounding Books of accounts 13 Specific follow up investigation / action proposed to be taken 14 Any other remarks:- (a) whether any infringement of any other laws noticed during Survey. If yes, give details? (b) whether the case has potential for prosecution? If yes, mention the relevant sections? (Signature of Authorised Officer MIS on Survey Cases (For the Quarter ending________________) A. Identity Particulars of Group Sl No Item 1 Name of the Group 2 Flagship concern 3 Nature of business activity 4 Designation of jurisdictional CIT/DIT(lnv.) B. Particulars of Survey Action SI No Item 5 Date on which Survey action conducted 6.1 Books of accounts impounded Yes/No 6.2 Amount of cash found 6.3 If Stock is inventoried, mention the value 7 Undisclosed income admitted during survey, if any:- PAN Name Income admitted Total 8. Significant findings of Survey (in 100 words) C. Assessment and related actions SI No Item 9 Name and PAN of the main concerns/persons of the groups- Name PAN A.Y.s for which assessments are completed A.Y.s for which assessments are pending 10 Assessment jurisdiction Assessing Officer Range CIT 11 Returned income, Assessed income and Taxes paid in main cases listed in Col. (9) above:- Income returned Tax paid as per return Date of assessment Assessed income Demand raised Collection against demand raised Whether case reviewed by CIT 12 Whether concealment penalty initiated Yes/No 13 Whether concealment penalty imposed Yes/No 14 Whether prosecution initiated Yes/No D. Comments 15 CCIT/DGIT (The report is to be discontinued after all actions in Column 12, 13 and 14 are completed.)