Law Relating to Search & Seizure by Raj K. Agarwal, Rakesh Gupta – 10th Edition 2024

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 10^th 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