DOS AND DONTS WHEN INCOME TAX OFFICIALS RAID

What to do when raided?
1. Ask for the warrant and read it carefully to ensure that the officials are searching the right place.
2. Arrange at least 2 witnesses from your neighborhood to observe the proceeding.
3. Read the search warrant, make sure name is right, if not they can’t raid you. If the search warrant contains error there won’t be any raid.
4. Ask them to show some identifications, as many strangers get into your house ,is not a good sign
5. If you aren’t hiding anything, you shouldn’t have anything to worry about but if you are, it is better to come clean at the outset.
6. Call your lawyer, CA, CS, Manager, Accountant, etc.
7. As like movies, they won’t push or shout at you, they will do their routine.
8. You can brew some tea, no hard-drinks for men on duty.
9. Avoid communicating with outside especially media.
10.Request them to allow children and elders to leave the premises.
11.Make a list of things that they are listing.
12.Allow them to check each and everything that enters and leaves them the premises
13.Make note of any damages caused by the team, and ask them to sign it as they leave.
14.Only talk to the officer in-charge there
15.Accept any order form the officer, to not remove items which they can’t carry out.
16.Get the documents and items with-in 30 days from the raid, i.e. after the assessment.

What not to do?
1. Don’t panic.
2. Don’t even think of bribing them.
3. The person can’t make calls, to anybody.
4. Not allowing entering the premises, due to this courtesy runs out miles away, and the person raided will be scrutinized severely.
5. Don’t get physical with them, I mean by violence, even nudging them will be inviting trouble.
6. Don’t act over smart, and call your lawyer, CA, CS, Manager, Accountant, etc.
7. People, who were present in the raid, won’t be allowed to leave, until the work is done.

Proceeding during the search and seizure
1. Documentation: There is a lot of documentation, for an instance any item which is seized is recorded. Such items must have tangs or marking on them.
2. Stock-in-trade: mostly articles which are supported by the books of accounts, or must be using the local term “white” are left as it is. Hence during a raid, one must be prepared to answer and put forward proofs that the item is white. It can be cash, bullion, foreign currency s etc.
3. Search warrants & unmentioned premises: A search warrants does consist of premises, but when a new premise, but when a new premise does come to the knowledge of the officer, it can also come under the purview for scrutiny.
4. Unmovable Items : There are certain items which are unmovable, usually the officers which provide the person with a document that such an item has been recorded and deemed seized, and it will show up in the assessment proceeding.
5. Accounts: The main aim is to find that black book of deeds, as its common sense most people don’t hide their stuff in their documented places, such as home and office, they get their hands on the accounts, it opens up another chapter of investigation.

Regards
CA Anil Soni
9414942329