Press Information Bureau

Government of India

Ministry of Finance

14-December-2012 18:10 IST

The numbers of search warrants executed under the Income Tax Act, 1961 during the years 2010-11, 2011-12 and the current year are as under:

*figures are provisional

Income Tax Department conducts search and seizure actions based on credible information relating to ‘persons’, which include individuals, Hindu undivided families (HUFs), firms, companies, association of persons (AoPs), body of individuals (BoIs), local authorities and any artificial juridical person, who satisfy any of the conditions specified in Section 132 (1) of the Income Tax Act, 1961. As these persons are engaged in diversified businesses/professions across different sectors spread all over the country, Person-wise/sector-wise details of such operations are not separately maintained. However, data regarding number of search warrants executed is maintained as per the particulars given in answer to above.

As per the provisions of the Income Tax Act 1961, immovable properties cannot be seized during search and seizure actions. The details of assets seized by the Income Tax Department during search and seizure actions during the above mentioned financial years are as under:

Assets Seized

*figures are provisional

Search proceedings are followed by quasi-judicial proceedings, which involve detailed examination of the seized documents. The evidence gathered during the search proceedings are used in assessment and re-assessment of incomes of the persons in whose cases, search actions are undertaken. The amount of tax evaded is quantified after completion of assessment/re-assessment. Any existing liability and the demand arising out of tax/interest/penalty on account of undisclosed income detected during search action, is recovered from the assets seized during search operations. Any assets or its proceeds, which remain after these liabilities have been discharged, are released. Assets may be released with the prior approval of the Commissioners of Income Tax if conditions specified in Section 132 B of the Income Tax Act, 1961 are met. Such details are available with Assessing Officers, spread all over the country and thus, not maintained centrally.

The cash seized during searches is deposited in the Government exchequer. However, other assets are dealt with, for application towards the liability as per provisions of Section 132 B of the Income Tax Act, 1961.

This was stated by the Minister of State for Finance, Shri S.S. Palanimanickam in a written reply to a question in the Lok Sabha today.

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DSM/RS/ka

Search and seizure under Income Tax Act: seized assets applied to assessed tax liabilities; surplus released when statutory conditions are met. Search and seizure actions target defined categories of taxpayers based on credible information; statistics on warrants executed and assets seized (cash, jewellery, other assets) are provided. Immovable property is not seizable. Seized evidence is used in quasi judicial assessment/reassessment to quantify undisclosed income, and cash is deposited to the exchequer while other assets are applied against assessed liabilities; surplus assets may be released subject to Commissioners' approval and statutory conditions.