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CBDT: Directions for exercising the power of survey u/s 133A of Income Tax Act, 1961 got issued

October 22, 2020

The Central Board of Direct Taxes (CBDT) issued the regulations for exercising the power of the survey under Section 133A of Income Tax Act, 1961.

In pursuance of the Taxation and Other Laws (Relaxation And Amendment of Certain Provisions) Act, 2020 and in supersession of the order under section 119 of the Income Tax Act 1961 dated 18 September 2020, prescribing the Income-tax Authority for the purpose of the power of survey under section 133A of the Act by CBDT, it issued several regulations.

TDS charges, Central Charges, International Taxation Division, NeAC/ NFAC Units, exemption charge, and I&CI Charges were issued as per the orders of CBDT.

It was clarified by the board that the recovery surveys would get conducted as per the order under section 119 of the Act issued under F.No.275/29/2020-IT (B) dated 16th October 2020.

CBDT has said, “It is further directed that the collegium shall consist of two officers of the level of Pr.CCIT/ CCIT/ DGIT and shall operate only where more than one officer as discussed above is available to make the decision regarding the survey. The means and mechanism wärt details like meeting and sitting of the collegium shall be decided by the senior officer of the collegium.”

Also, CBDT has repeated that as per the amended section 133A of the Act, the surveys can be conducted only by the officers of the Investigation Wing or the TDS charge and any such action shall be taken only as a last resort when all the other means of verification/ obtaining details online/recovery are exhausted.

It was further informed by the board that the TDS charge or the Investigation Wing officer would prepare the survey report and upload the same on ITBA as per the Survey Module and extant instructions in this regard and shall also send a copy of the survey report to the officer from where the survey request was received.

At last, further clarifications were given that all the surveys under Section 133A conducted by the Investigation Wing independently would get approved by the DGsIT (Inv.).