The Income Tax Department may initiate search and seizure operations if it suspects that a person or entity has hidden or undisclosed wealth or has engaged in significant tax evasion.
- Search refers to the investigative actions taken when there is suspicion of unaccounted wealth, while seizure refers to the confiscation of assets, such as money or jewellery, that are suspected of being acquired through undisclosed income.
- Section 132 of the Income Tax Act empowers tax authorities to seize assets they believe have been unfairly acquired. Additionally, Section 132A allows the tax department to requisition documents or assets from other authorities (like banks) that may substantiate the ownership or source of the assets.
- However, these actions must follow the proper legal process, with all necessary permissions obtained before the operation is conducted, ensuring that the powers granted under Sections 132 and 132A are not misused.
Advantages of Rule 132
Rule 132 provides a compliance mechanism for taxpayers who previously claimed deductions for surcharge or cess that are disallowed under Section 40(a)(ii). It enables Assessing Officers, under Section 155(18), to recompute total income for earlier years where such claims were made.
Typically, such re-computation would trigger the provisions of Section 270A(3), where the disallowed surcharge or cess is treated as under-reported income, attracting both tax liability and penalties.
However, under Rule 132, if the assessee proactively files an application in the prescribed Form 69—opting to exclude the deduction for surcharge or cess and paying any resulting tax dues—the income will not be treated as under-reported, and no penalty under Section 270A(3) will apply.
To avail of this relief, the application in Form 69 must be submitted by March 31, 2023, and any tax payable after recomputation must be reported separately using Form 70.
Who will be impacted by rule 132?
Rule 132 of the Income Tax Act primarily impacts individuals or entities earning income from a business or profession who have previously claimed a deduction for surcharge or cess.
Any assessee who has availed and received approval for such deductions in earlier assessment years will be required to undergo a mandatory re-computation process by March 31, 2026. Alternatively, they may voluntarily file an application with the Assessing Officer to have their income recalculated.
Those who claimed deductions for education cess or surcharge—now disallowed—will have to revise their income computations. This could lead to the income being treated as under-reported, attracting not only additional tax but also a penalty of 50% of the tax payable.