Taxmann Search & Seizure By Raj K. Agarwal Rakesh Gupta

Taxmann Search & Seizure By Raj K. Agarwal Rakesh Gupta

Description

This book comprehensively analyses the legal, procedural, and practical aspects of search and seizure under the Income-tax Act, 1961. It provides an in-depth commentary on the complexities of the laws governing search and seizure, including procedural safeguards, taxpayer rights, and authorities’ responsibilities. The primary focus is on the new block assessment scheme, effective from 1st September 2024, detailing the procedural changes, implications, and contentious issues that redefine the assessment of search cases.

The book covers landmark judgments from the Supreme Court, High Courts, and the Tribunals, providing insights into judicial interpretations that shape the application of these laws. Structured into detailed chapters, it covers key topics such as authorisation and conduct of search operations, seizure of assets, penalties, prosecutions, and the practical challenges taxpayers face. It also includes practical tools like FAQs, checklists, and model forms.

This book is helpful for tax consultants, corporate executives, academicians, students, and tax administrators, providing both legal clarity and practical guidance on handling search and seizure under the Income-tax law.

The Present Publication is the 10th Edition and has been amended by the Finance (No. 2) Act, 2024. This book is authored by Dr Raj K. Agarwal & Dr Rakesh Gupta with the following noteworthy features:

  • [Comprehensive Legal Analysis] Provides an exhaustive commentary on the provisions related to search and seizure under the Income-tax Act, 1961, with a focus on Sections 153A to 153D. The book also addresses the historical development, objectives, and practical implications of these provisions
  • [Practical Guidance and Tools] Features FAQs, checklists, and summaries of significant judgments, providing readers with practical advice and immediate solutions
  • [Incorporates Latest Amendments] The book includes the latest amendments by the Finance (No. 2) Act, 2024, with in-depth discussions on the new block assessment scheme
  • [Balanced Discussion on Controversial Issues] The book discusses contentious issues, presenting divergent views from professional circles and judicial pronouncements. It aims to provide a balanced perspective, with the authors occasionally expressing their professional opinions based on years of practical experience
  • [Analysis of Landmark Judgments] Includes detailed discussions of key judgments delivered by the Supreme Court, various High Courts, and Tribunals
  • [In-depth Examination of New Assessment Procedures] Special focus on the new assessment procedure in search cases, applicable from 1st September, 2024, and further updates with recent amendments. The book addresses how these changes affect both the legal framework and practical aspects of handling search and seizure actions
  • [Appendices and Supplementary Resources] The book includes a variety of appendices with additional resources such as the Taxpayers’ Charter, model forms used during searches, ground rules, and relevant sections from related legal frameworks
  • [Guidance on Constitutional Validity and Legal Safeguards] Discusses the constitutional challenges associated with search and seizure provisions, including privacy concerns and the legal safeguards in place to protect taxpayers’ rights
  • [International Comparisons] Provides a comparative overview of search and seizure laws in other jurisdictions, helping readers understand how India’s legal framework aligns with or differs from international standards

The key highlights of the structure of the book are as follows:

  • User-friendly
    • Each chapter is designed to address specific aspects of search and seizure, making it easier for readers to find relevant information
  • Practical Focus
    • Emphasises practical aspects, including FAQs, checklists, and model forms, providing actionable guidance for practitioners and taxpayers
  • Case Laws
    • Integrates significant judicial decisions, providing legal perspectives and helping readers understand how courts have interpreted various provisions
  • Multi-edition Updates
    • The book reflects continuous updates across multiple editions, incorporating the latest amendments, judicial pronouncements, and evolving legal standards

About the author

Dr. Raj K. Agarwal has been meritorious throughout his academic career. He has done M.Com, LL.B. and Ph.D. He is a Fellow member of the Institute of Chartered Accountants of India and Institute of Company Secretaries of India and an Associate Member of the Institute of Cost & Works Accountants of India. Having practised as Chartered Accountant for more than 25 years as senior partner in M/s. Rakesh Raj & Associates, presently, he is practising as an advocate at Delhi High Court. He has broad experience in handling Income Tax search cases and has poured his practical experience in the form of this well-researched book. He has been associated with the academic activities of the Institute of Chartered Accountants of India, representing various committees of the Institute and with the Institute of Company Secretaries of India representing its Northern India Regional Council as Chairman in the year 2003. He has been contributing articles and addressing various seminars on topics relating to income-tax, accounting and auditing.
Dr. Rakesh Gupta is a law graduate and Fellow Member of the Institute of Chartered Accountants of India and Institute of Company Secretaries of India and an Associate Member of the Institute of Cost & Works Accountants of India. He has done Ph.D. He was awarded the gold medal in LL.B. examination by the University. He and Dr. Raj started practising as a chartered accountant in the year 1984 in the firm M/s. Rakesh Raj & Associates. He was selected as a Member of the Income Tax Appellate Tribunal in the year 2000. Afterwards, he resigned from the service and started practising as an advocate as a senior partner of M/s. RRA TaxIndia at Delhi representing income-tax cases before various High Courts and before the Supreme Court of India. He is a prolific speaker and has been contributing to the profession by addressing various seminars regularly on legal and practical topics relating to Income Tax. He has contributed articles in various professional magazines, writing columns in newspapers and making appearances at T.V. channels
Weight 1.395 kg
binding

Paper back

edition

10th Edition September 2024

hsn

49011010

isbn

9789356227187

language

English

publisher

Taxmann

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