Revision in Guidelines for assessments in search and seizure cases - Income Tax - F.No. 286/161/2006-IT(Inv.lI)

F.No. 286/161/2006-IT(Inv.ll) Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes New Delhi.the 24th July,2007 To All Directors General of Income Tax (Inv.) All Chief Commissioners of Income Tax (Central) Chief Commissioners of Income Tax (CCA). Bhopal Sir/Madam Sub : Revision in Guidelines for assessments in search and seizure cases - reg. I am directed to refer to Board s letter F.No. 286/161/2006-IT(Inv.II) dated 22nd Dec, 2006 on Guidelines for assessments in search and seizure cases. 2. As per the Para 1.5 of the guidelines for assessment in search and seizure cases, an action note has to be prepared by the Assessing Officer within 90 days of receipt of seized materials. Only after that notices under Section 153A, 153C or 148 of the Act should be issued, as per para 1.8 of the aforesaid guideline. In view of the above time lag between the receipt of seized materials and the issue of notices under Section 153(A), the assessment proceedings get delayed. 3. To overcome this, I am directed to inform the following changes in the aforesaid guidelines: i. The Assessing Officer may issue notices under Section 153A immediately after receiving the appraisal report and seized materials and ascertaining the cases where notices under Section 153 A of the Income Tax Act 1961 are required to be issued. ii. The enquiries, including issue of questionnaire for the prior period, should be conducted without waiting for filing of the return for the assessment year relating to the year of search. iii. A Search Register, as prescribed in para 4.6 of the aforementioned Guideline should be prepared and maintained by the Assessing Officers of the Central Charges instead of Range heads. 4. The aforesaid changes should be brought to the notice of all the officers of your region. Yours faithfully (Aarsi Prasad) Under Secretary (Inv. II III) Tel. 23092643