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New guidelines for IT search operations
By Our Special Correspondent
NEW DELHI, NOV. 30. The Finance Ministry has made procedural
changes in search operations conducted by the Income Tax
Department. While officially it was stated that the changes were
made to inculcate ``accountability'' among officers, ministerial-
sources said the changes were aimed at curbing malpractice and
corruption.
According to sources, a Commissioner of Income Tax, while issuing
a search warrant, put down the reasons for ordering the search.
It has now been stipulated that the reasons listed for
authorising the search should ``match'' the findings of the
operations. While this would ensure that the operations were
authorised and conducted after receipt of proper information, the
``matching'' of the results with the warrant would ensure that no
``behind-the-scenes settlement'' was undertaken by the search
team after the raids were conducted and evidence unearthed.
Another order aims at putting a time ceiling for the settlement
of cases once the search operations are undertaken. There have
been instances of the IT Department ``sitting'' over the files
and documents seized, causing hardship to the person whose
premises have been raided.
As per the new instructions, no search party would be allowed to
go on a fresh raid till it completed the formalities connected
with the earlier one. ``This will ensure a time-bound disposal of
search and seizure cases, which will, in turn, ensure that the
Department realises its due revenues. The affected party would
also be allowed to proceed with his business once he conforms to
the penalties and stipulations laid down by the Department,'' the
sources added.
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