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Investigation Manual Investigation Branch procedures for achieving effective deterrence among tax evaders 2015 Commissioner of Sales Tax, Maharashtra Govt of Maharashtra 23/10/2015

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Investigation Manual

21/09/2013 Commissioner of Sales Tax, Maharashtra

Investigation Manual

Investigation Branch procedures for achieving effective deterrence among tax evaders

2015

Commissioner of Sales Tax, Maharashtra Govt of Maharashtra

23/10/2015

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Table of Contents

CHAPTER-I ..................................................................................................................................................... 5

1. OBJECTIVES OF INVESTIGATION BRANCH ............................................................................... 6

2. ORGANISATIONAL STRUCTURE ................................................................................................... 6

2.1 STAFFING PATTERN ................................................................................................................................... 7

2.2 INV DIVISION IN MUMBAI ........................................................................................................................ 7

2.3 OTHER THAN MUMBAI .............................................................................................................................. 7

2.4 TARGETS ...................................................................................................................................................... 8

3. INVESTIGATION PROCESS OVERVIEW ....................................................................................... 8

4. CONTROLS & AUTHORITIES .......................................................................................................... 9

4.1 VISIT APPROVAL.............................................................................................................................................. 9

4.2 VISIT INTIMATION ............................................................................................................................................ 9

4.3 VISIT SUPERVISION .......................................................................................................................................... 9

5. INFORMATION EXCHANGE AND CO-ORDINATION ................................................................ 10

5.1 INTERNAL COORDINATION............................................................................................................................. 10

5.2 EXTERNAL COORDINATION ........................................................................................................................... 10

CHAPTER-II ................................................................................................................................................. 11

1. RIGHTS & DUTIES ........................................................................................................................... 12

1.1 OF DEALER VISITED ................................................................................................................................. 12

1.2 OF MSTD OFFICIALS ................................................................................................................................. 14

2. FUNCTION: ....................................................................................................................................... 15

2.1 COMPLAINT/INFORMATION/ INTELLIGENCE ................................................................................................... 15

CHAPTER-III ................................................................................................................................................ 21

1. SCOPE OF WORK OF INV OFFICER ............................................................................................ 22

1.1 EXTENT OF WORK: ......................................................................................................................................... 22

1.2 ASSESSMENT OF INV CASES: ......................................................................................................................... 23

1.3 PROSECUTION: .................................................................................................................................................. 24

1.4 RECOVERY: ....................................................................................................................................................... 24

1.5 CLOSURE OF INV PROCEEDINGS: ........................................................................................................................... 25

CHAPTER-IV ................................................................................................................................................ 26

1. INVESTIGATION BRANCH WORKING PROCEDURE ............................................................... 27

1.1 PRE-VISIT PREPARATION ....................................................................................................................... 27

1.2 PROPOSAL SOURCES ............................................................................................................................... 27

1.2.1 TAX-EVASION COMPLAINTS .......................................................................................................................27

1.2.2 OWN INTERNAL SOURCES ..........................................................................................................................27

1.3 PREREQUISITE FOR VISIT PROPOSAL - ................................................................................................ 27

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INVESTIGATION PROCEEDINGS NEEDS TO HAVE REASON TO BELIEVE. SECTION 64(3) PROVIDES THAT IF THE

COMMISSIONER ................................................................................................................................................... 27

1.4 VISIT PROPOSAL PREPARATION- .......................................................................................................... 28

1.5 VISIT APPROVAL ...................................................................................................................................... 28

1.6 PLANNING .................................................................................................................................................. 29

1.6.1 MANPOWER PLANNING ..............................................................................................................................29

1.6.2 LOGISTIC PLANNING...................................................................................................................................29

1.6.3 PRECAUTIONS TO BE TAKEN BEFORE THE ENTRY ...............................................................................29

1.7 INV PROCESS ...................................................................................................................................................31

1.7.1 ISSUING WARRANT OF SEARCH AND SEIZURE .......................................................................................31

1.7.2 VISIT PROCEDURE.......................................................................................................................................32

1.8 POST SEARCH INV WORK ....................................................................................................................... 40

1.8.1 ENTRY INV REGISTER ..................................................................................................................................40

1.8.2 DEPOSITING THE BOOKS OF ACCOUNTS IN THE CUSTODY ...............................................................40

1.8.3 PREPARATIONS OF THE BOOKS OF A/CS, REGISTERS & DOCUMENTS FOR DEPOSITING IN THE

CUSTODY .............................................................................................................................................................40

1.8.4 VERIFICATION & QUANTIFICATION OF LIABILITY ...............................................................................41

1.9 INV CLOSURE PROCESS .......................................................................................................................... 43

1.9.1 SUMMARY OF ACTIONS & RESULT ...........................................................................................................43

1.9.2 CLOSURE PROPOSAL ..................................................................................................................................43

CHAPTER-V .................................................................................................................................................. 44

1. MISCELLANEOUS ........................................................................................................................... 45

1.1 SOURCE OF INTELLIGENCE .................................................................................................................... 45

1.1.1 INTERNAL SOURCES (EIU Section) .............................................................................................................45

1.1.2 EXTERNAL SOURCES (Other than MSTD) ..................................................................................................45

1.2 PROSECUTION PROCEDURES ................................................................................................................ 46 1.2.1 LODGING OF COMPLAINT; PROSECUTION BEFORE COURT OF LAW AND INVESTIGATION OF

AN OFFENCE .................................................................................................................................................... 47

1.2.2 SELECTION OF CASES FOR PROSECUTION ............................................................................................49

1.2.3 PROVISIONS FOR OFFENCES AND PENALTIES UNDER MVAT ACT 2002: ....................................... 51

1.2.4 PROVISIONS FOR OFFENCES UNDER IPC 1860 ......................................................................................54 1.2.5 LIST OF BASIC DOCUMENTS REQUIRED FOR FILING A COMPLAINT & LAUNCHING

PROSECUTION ....................................................................................................................................................55 1.2.6 FOR DEALER WHO ISSUES NON GENUINE BILLS (non-genuine dealer’s commonly referred as hawala

dealers) or DEALERS INVOLVED IN SUPPRESSION OF TURNOVER / MISCLASSIFICATION OF

COMMODITIES & TAX RATES...........................................................................................................................55

1.3 CUSTODY SECTION PROCEDURES & VERIFICATION BY CUSTODY SECTION ............................ 56

1.3.1 RECORDING OF BOOKS DEPOSITED TO BE MAINTAINED BY CUSTODY ..........................................56

1.3.2 PROCEDURE TO ISSUE THE BOOKS TO THE INVESTIGATION OFFICER: ..........................................57

1.3.3 PROCEDURE FOR RETURNING THE BOOKS OF ACCOUNTS, REGISTERS & FILES: .........................57

1.3.4 TO TRANSFER THE BOOKS OF ACCOUNTS & DOCUMENTS TO THE ANOTHER OFFICER: ............58

1.3.5 TO RETURN THE BOOKS OF ACCOUNT TO THE DEALER: ....................................................................58

1.3.6 IF THE DEALER DOES NOT CLAIM THE BOOKS OF ACCOUNTS ..........................................................59

1.3.7 PROCEDURE OF DESTROYING THE BOOKS OF ACCOUNTS ................................................................59

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1.4 REPORTING FORMATS OF INVESTIGATION BRANCH ...................................................................... 60

1.5 INSPECTION PROCEDURE AND FREQUENCY ..................................................................................... 61

1.6 RECORD FILING SYSTEM ........................................................................................................................ 61

1.7 DISPOSAL OF OLD RECORD NOT REQUIRED ...................................................................................... 61

1.8 EXPANSE; EFFECT & ITERATIONS ........................................................................................................ 62

1.9 DISCLAIMER .............................................................................................................................................. 62

2.0 VARIOUS FORMATS ............................................................................................................................. 63

CHAPTER-VI ................................................................................................................................................ 82

CONTROL REGISTERS AND OTHER FORMATS FOR THE INVESTIGATION BRANCH................ 83

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CHAPTER-I

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1. OBJECTIVES OF INVESTIGATION BRANCH

I. Collect intelligence about tax evasion/suppression/fraud.

II. Create deterrence among tax evaders

III. Investigate specific cases allotted

IV. Collect and Provide evidence/information about evasion of tax to audit divisions

2. ORGANISATIONAL STRUCTURE

Organizational structure and hierarchy of investigation branch

Investigation

In Mumbai

JC Investigation (A&B Division)

DC Ranges - 6

(3 at each Division)

AC - 42

(7 at each Range)

STI (3 for each Investigating

Officer)

Clerk (1) / Tax Assistant

Outside Mumbai

ACST (Zonal)

JC ( Admin.)

DC - 14 (Investigation)

AC -38

STIs (2 for each Investigating

Officer)

Clerk (1) / Tax Assistant

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2.1 STAFFING PATTERN

2.2 INV DIVISION IN MUMBAI

Sr. No Division No. of JC No. of DC’s No. of AC’s 1 Investigation - A 1 3 21

2 Investigation -B 1 3 21

Total 2 6 42

2.3 OTHER THAN MUMBAI

Sr.

No. Division No. of DC’s No. of AC’s

Total No. of

AC’s & DC’s 1 Raigad 1 3 4

2 Thane City 2 6 8

3 Thane Rural 1 2 3

4 Pune 2 8 10

5 Solapur 1 2 3

6 Kolhapur 1 3 4

7 Nashik 1 3 4

8 Dhule 1 2 3

9 Aurangabad 1 2 3

10 Nanded 1 2 3

11 Nagpur 1 3 4

12 Amravati 1 2 3

Total 14 38 52

In Mumbai there are two separate Divisions, each headed by a Joint Commissioner of

Sales Tax. Officials working as JC_INV in Mumbai are normally from IAS cadre. The

other officials deployed in Mumbai INV are exclusively for investigation function. Each

JC_INV supervises & administers 3 (three) ranges headed by DC_INV as first level

supervisory officers. AC_INV are the field officers.

In locations other than Mumbai, concerned JC_VAT_Adm of respective Division supervise the

Investigation work along with other responsibilities through DC_INV at each divisional location.

The DC_INV at other than Mumbai locations works as first level supervisory officer as well as

field officer. When DC_INV at other than Mumbai location works as field officer, JC_VAT_Adm

is the first level Supervisory officer, All AC_INV are the field officers.

Assistance from other officers and STIs not posted at Investigation Branch can be

obtained as and when required with permission from concerned JC.

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2.4 TARGETS

FINANCIAL AND PHYSICAL TARGETS FOR THE FIELD OFFICERs

DIVISION

Monthly Target Annual Target

INV

Visits

Closure of INV Revenue Closure of

INV Visits INV

Mumbai, Pune 2 2 24 10 Cr 24

Thane & Raigad, 2 2 24 7.5 Cr 24

Other Divisions 2 2 24 5 Cr 24

Other than Mumbai (DC Level) 1 1 10 3 Cr 10

3. INVESTIGATION PROCESS OVERVIEW INV Branch Officials work flow with major responsibilities in brief

Pre-INV preparat

ion

•Gathering Intelligence about tax evasion/supression

•Collecting & analyzing data/information

• Issues for reason to believe

•Proposal preparation & submission for approval

•Strategy; Timing & Manpower Planning

INV process

• Issue of warrant of search & seisure

• intimation to CST

• Initiation of INV & conducting search operation

•Collection of evidences including electronic data evidences

•Statement of dealer

•Submission of prelIminary & subsequent report

Result of INV

• Intimation to deaelr of the findings of INV

• If accepted, dealer files revised return with payment

• If not accepted, proceed as per provisions of Act

• Initiation of assessments/transaction-wise assessment wherever required, recovery & / or prosecution for offences

Review by CST

•Monthly Review meeting by CST on day fixed by CST office

•Monthly Review of INVs carried out previously & performance

•Feedback on Learnings & take-aways for MSTD from INV cases by JC-INVs & JC-VAT-Adms

Closure

•Completion of all actions within 12 months from the date of visit

•Submission for closure of Investigation within 12 month

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4. CONTROLS & AUTHORITIES

4.1 Visit Approval

Visit proposals will be approved by JC-INV in Mumbai & JC,VAT_Adm at other

divisional places. As far as practicable JC_INV or JC_VAT_Adm would take decision

on Visit Proposal within seven working days and communicate the decision to the

concerned Subordinate officer. As far as practicable visit shall be fixed within seven

working days from the approval by JC. Time of visit is to be fixed by DC_INV in

consultation with JC. After the approval Warrant of Search and Seizure (also referred as

assignment) should be issued by DC_INV.

4.2 Visit intimation

JC_INV or JC_VAT_Adm to send intimation of visit arranged to CST on mail one day

in advance i.e. before the closure of the office hours on the previous day of visit.

4.3 Visit Supervision

No officer can visit without proper Warrant of Search and Seizure (also referred as

assignment) from his/her immediate superior. Visit is to be conducted by AC_INV along

with staff & supervised by DC_INV. After entry visiting officer should inform it to

his/her superior immediately. AC_INV should brief the DC_INV who in turn shall brief

JC from time to time till the visit is completed. Necessary receipt of the books of accounts

brought (may be handed over voluntarily or seized by passing a seizure order) should be issued

on the spot to the dealer. Normally DC_INV should supervise search & seizure part of

visits. JC_INV should exercise overall supervision & control. If visit is to be continued

late night or to be continued for next/subsequent day, intimation is to be given on

telephone to JC through DC_INV & with his/her approval visit be continued. Visiting

officer shall put his/her signature and seal on the books of accounts while depositing the

books of accounts in custody. In case of delay in depositing the books of accounts in

custody, permission of immediate superior is to be obtained for depositing the books up

to three days and if the delay is beyond 3 (three) days, then permission of JC is to be

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obtained. Custody staff also puts their own sign and seal on the books of accounts kept

in custody. Custody shall continue to be under the control of JC.

Preliminary visit report is to be submitted to JC through DC-INV within 3 (three)

working days of the date of the conclusion of visit. Brief report of cases visited should

be sent to the CST fortnightly in prescribed format No. 4. Periodic reporting is to be

made by AC_INV to supervisory officers from time to time. Investigations are to be

closed after approval of JC.

As far as possible investigation lifecycle shall be completed within a period of twelve

months from the date of visit. If investigation cannot be completed within a period of

year then it shall be reported to the JC seeking additional time for completion of

investigation. Power to provisionally attach bank accounts and debtors’ u/s 35 of MVAT

Act are delegated to Joint Commissioners.

5. INFORMATION EXCHANGE AND CO-ORDINATION

5.1 Internal Coordination

JC_INV or JC_VAT_Adm shall coordinate with JC-EIU for supporting data and for

analysis of the data to which only EIU has an access and capability of analysis.

JC-EIU would be the single point of contact from EIU in case any back reference is

required to be made for discrepancies in supporting data & facts observed

5.2 External Coordination

The cases discussed in REIC meetings’ may require investigation. JC_EIU shall refer

such cases to JC_INV or JC_VAT_Adms. THE feedback about the outcome shall be sent

by the concerned JC_VAT_Adm or JC_INV to JC_EIU to report the same to the REIC.

If any trends that are observed by INV officials in a particular Trade, then additional

cases with such trends, details of data from MSTD & the expanse of those can be worked

by concerned JC_INV or JC_VAT_Adm in close coordination with JC_EIU to give

inputs for corrective measures at the Commissioners’ Level in the monthly review

meetings.

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CHAPTER-II

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1. RIGHTS & DUTIES

1.1 OF DEALER VISITED

RIGHTs

1. To see warrant of search (assignment letter) duly signed and sealed by the issuing

authority.

2. To verify identity of each member of the search party.

3. To obtain copy of the list of books of accounts, documents, note-books, diaries or

any other paper seized by the party.

4. To put his/her own seal / signature on the list. If the dealer refuses to do so, the

officer should note this fact.

5. Women occupants of an apartment, which has to be searched, to have a right to

withdraw before the search party enters if, according to custom, they do not appear

in public.

6. To call medical practitioner if necessary.

7. To have children permitted to go to school after the examination of their bags.

8. To contact lawyer or C.A. or tax practitioner dealing with his/her tax matters to

assist him to explain the facts and materials to the members of the search party

with intimation of the INV officer & only after completion of the search.

9. To continue his/her normal household and business activities with the knowledge

of the INV officer.

10. To receive messages and send messages with knowledge of the INV officer.

11. To allow any other person present during the raids to leave only with the

permission of the INV officer and if necessary, after his/her physical search.

12. To seek entry of outsiders or family members of employee of the dealer, except

that of his/her medical practitioner and C.A./Lawyer, but at the discretion of the

officer.

13. To offer prayers.

14. To report any indecent, inappropriate behavior of any member of the investigation

team to the concerned DC/JC.

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DUTIES

1. To render all assistance to the raiding party and in no way, hamper the proceedings.

2. To see the assignment for search and put his/her signatures on the same.

3. To identify all receptacles in which cash, books of accounts or documents are kept

and handover the keys to the INV officer.

4. To identify and explain the ownership of cash, books of accounts, other documents

and papers.

5. Not to remove any cash, stock of goods, books of accounts, documents note-books,

without the knowledge and permission of the INV officer.

6. Allow the investigation officer to take inventory of cash & other articles and be

signed by the dealer or the authorized Person.

7. To identify every individual in the premises and to explain their relationship to the

dealer being searched.

8. Not to mislead by impersonation. If he/she cheats by pretending to be some other

person or knowingly substitutes one person for another, it is an offence punishable

u/s. 416 of the Indian Penal Code.

9. Not to allow or encourage the entry of any unauthorized person into the premises.

10. Not to remove any article from its place without the notice or knowledge of the

INV officer.

11. Not to conceal or destroy any documents with the intention of preventing the same

from being produced or used as an evidence before the court or public servant.

Such act would be punished with imprisonment or fine or both in accordance with

section 204 of the Indian Penal Code.

12. To answer all queries truthfully and to the best of his/her knowledge.

13. Not to allow any third party to either interfere or prompt, while his/her statement

is being recorded by the INV officer. In doing so, he should keep in mind that –

a. If he/she refuses to answer a question on a subject relevant to the search

operation, he/she shall be punishable with imprisonment or fine or both U/s.

179 of the Indian Penal Code.

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b. Being legally bound by an oath or affirmation to state the truth, if he/she makes

a false statement, he/she shall be punishable by imprisonment or fine or both

u/s. 181 of the Indian Penal Code.

c. Similarly, if he/she provides evidence which is false and which he/she knows

or believes to be false, he/she is liable to be punished u/s. 191 of the Indian

Penal code.

14. Similar co-operation should be extended even after the search action is over, so as

to enable the INV officer to complete necessary follow-up investigation at the

earliest.

15. Co-operate with the investigation office for legitimate conclusion of investigation.

1.2 OF MSTD OFFICIALS

RIGHTs

1. To act as an authority on behalf of MSTD as representative of Commissioner of Sales

Tax & to exercise the powers delegated by Commissioner of Sales Tax u/s 10 (6) of

MVAT Act 2002, and Rule 69 of MVAT Rules 2005.

2. To take personal search of the people available in the premises under search with full

regard to decency. Cause search of a female member only by a female member of

the search team.

3. To take search of any place of business of dealer or any other place where dealer

keeps or there is reason to believe that the books of accounts are likely to be kept.

4. To invoke the relevant provisions of the MVAT Act & other allied Acts implemented

by MSTD along with the relevant Rules in vogue from time to time.

DUTIES

1. To show copy of Warrant of search & seizure to the dealer prior to start of the search

& obtain signature of the dealer or the persons present in the premises

2. To offer his/her and the other team members search to the dealer before starting and

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on completion of the search operation. And to note down in the proceedings & in

concluding statement that the search of the search team members was offered &

whether dealer has taken it or denied it.

3. To take inventory of cash & get it signed by the dealer or the authorized person

4. To record the proceedings of the search & post search operations with the

observation of the facts along with the details as per the legal procedures & as per

the provisions of law

2. FUNCTION:

2.1 Complaint/Information/ Intelligence

The functions of the officials associated with the investigation work are illustrative. All the

officials are bound to carry out all the functions and responsibilities as mentioned by the Law.

Designation Powers and Duties Clerk / Tax Assistant NIL

Sales Tax Inspector

Intelligence collection from the data available from the Dept. and from

market by confidential inquiries.

Collection of information from other Govt. Depts.

Make confidential observations of modus operandi and business activities

of the dealer

Verify genuineness of complaints and revenue implications involved by

collecting information and data

AC To collect Intelligence and information for investigation visits.

Analysis of internal data and intelligence data

To verify the complaints and put up reports.

DC To collate & analyze the intelligence.

To scrutinize the complaint and allot to officer.

JC To scrutinize the complaints.

To give approval for filing police complaints.

To approve visits.

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2.2 Preparation / Search / Verification /Post search

Designation Powers and Duties

Clerk / Tax Assistant

Assist in preparation of INV file.

Assisting in stamping and paging of books for depositing in Custody.

Paging, indexing and organizing the files

Maintenance of all office registers

Sales Tax Inspector

To assist AC at the time of visit.

Take necessary entry in INV Register and Alphabetical INV Register.

Make confidential observation of the business activity and modus

operandi used by dealer to evade taxes.

Pre visit Address verification of the dealer.

Assisting in pre visit preparation and data collection.

Collect previous history of the dealer.

Preparing receipts of books of accounts at the time of visit.

Paging of books of accounts documents in stipulated time.

Assisting in verification of the books of accounts and documents and

working out tax liability of the dealer.

Cross checking transactions within state/outside the state as directed by

superiors.

Services of notices, reminders, summons and warrants if necessary.

Guide clerk in Paging, indexing and organizing the files.

To serve notice of attachment of bank/debtors on the concern.

AC

To analyze internal and external data, collate and draw

conclusion/observations

Make confidential observation of the business activity and modus

operandi used by dealer to evade taxes before paying visits.

To propose visits.

To submit visit proposal.

To conduct visits after approval from concerned JC & obtaining Search

Warrant

from JC / DC

To intimate the DC about entry in the premises of visit immediately, and

progress of investigation visit till it is concluded.

To propose cross check and off shoot visits.

To take permission from JC / DC to continue visits at late night or on

subsequent day.

To submit visit report.

To submit interim and final reports.

To deposit books of account in the custody.

To verify the books of accounts.

Return the books of accounts and documents to dealer after approval

from higher authorities.

Dispose and destroy old records and books as per procedure.

Carry out investigation speedily and expeditiously and take timely action

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Designation Powers and Duties against tax evader in order to protect and recover the revenue.

To issue cross check memos.

To collect the evidence of tax evasion.

To submit closure report after completion of investigation.

Check Paging, indexing and organization of the files.

Propose attachment of money due to tax evader.

Any other function as per instructions of supervisory officer

DC

To examine & submit visit proposal received from investigation officer

to Joint Commissioner for approval.

Issue search warrant/assignment letter for investigation visits.

To monitor, guide and supervise investigation visit.

Condone delay for depositing books of accounts up to three days.

Give necessary additional directions in investigation.

To decide the main investigation officer when more than one officer are

deployed for visits.

Transfer investigation proceeding from one officer to another within

range.

Approval for initiation and closure of proceedings of notice in form 603

and summons.

Submit investigation files received from investigation officer to Joint

Commissioner with observation, direction and remarks if any.

Submit proposals of attachment of money due to tax evader.

JC

To issue search warrants/assignments to DC in Mofussil area (if required

& decides to send DC for search).

To monitor, guide and supervise visits.

Co-ordinate visits.

Condone delay for depositing books of accounts beyond three days.

To monitor, guide and supervise investigation and take review as and

when required.

To approve/disapprove the preliminary/ interim/final investigation

reports.

To direct further investigation in the case.

To give approval//disapproval for closure of investigation cases.

Pass orders of attachment of money due to tax evader u/s. 35 of MVAT

Act.

2.3 Reporting

Designation Powers and Duties

Clerk / Tax Assistant Assist in preparation of file

Paging, indexing and organizing the files

Sales Tax Inspector

Assist in preparing visit reports, interim reports, final Reports and closure

reports.

Guide clerk in Paging, indexing and organizing the files.

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Designation Powers and Duties Timely deposing the books of account in the custody.

KKPI preparations & all other periodic information preparations in

absence of Clerk / Tax Assistant

AC

Submit preliminary visit report immediately after visit.

Submit reports of visits conducted during a week to the superior in next

week.

Submit interim reports, final reports and closure reports.

Check Paging, indexing and organization of the files.

If there is delay up to three days in depositing books of account in custody

permission from DC and for delay more than 3 (three) days permission

from JC should be obtained.

DC

To submit various visit report with observations and remarks to JC

Submit reports of visits conducted during a fortnight to the superior in next

fortnight.

Approve and sign issue note for return of books.

JC

To peruse and approve preliminary/interim/final investigation reports.

Submit reports of visits conducted during a fortnight in next fortnight to

the CST.

Supervise and control the work of custody.

2.4 Assessment & Recovery

Designation Powers and Duties Clerk / Tax Assistant Prepare and dispatch reminders, show cause notices, summons warrants.

Paging, indexing and organizing the files

Sales Tax Inspector To assist in assessment/ reassessment and transaction wise assessment.

Guide clerk in Paging, indexing and organizing the files.

Attachment of property.

AC To pass assessment/re-assessment or transaction wise assessment orders

if necessary as per results of investigation.

Check Paging, indexing and organization of the files.

Transfer all recovery papers with cross entries of the statutory

orders/notices like F-213

DC Recommend the action of assessment or transaction wise assessment or

transfer of details to other officer for assessment or audit

Supervise and monitor recovery transfer process.

In mofussil area, take necessary actions of recovery transfer.

JC Approve or disapprove & modify the decision of assessment (either

comprehensive or transaction wise) or transfer of facts or call for transfer of

proceedings from other officer before whom the proceedings are in vogue

Supervise and guide recovery transfer process.

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2.5 Prosecution

Designation Powers and Duties Clerk / Tax Assistant Paging, indexing and organizing the files

Sales Tax Inspector

To file a complaint as directed at police station or at Sales Tax Police Cell,

Mumbai as the case may be.

Guide clerk in Paging, indexing and organizing the files.

AC

To propose prosecutions and file a complaint at police station or at EOW

Police Cell at Mazgaon, Mumbai as the case may be.

Check Paging, indexing and organization of the files.

DC Perusal; supervision & coordination of complaints filed for prosecutions.

JC Compounding prosecution offences by accepting composition money.

2.6 Administration / Reporting / Appraisal

Designation Powers and Duties

Clerk / Tax Assistant

To prepare compliance reports of various inspections and audit memos.

To keep all office record and registers, and update them periodically.

Keep in safe custody all record and files of the charge handed over to

him.

Prepare and submit monthly, quarterly, half yearly, annual statements

and any other information statements as and when required (like KKPI

preparations & reconciliation statements of recovery)

To maintain work sheet of day to day work done.

Sales Tax Inspector

To put up drafts of letter, U.O.Rs and other office correspondence.

Verify monthly, quarterly, half yearly, annual statements and any other

information statements as and when required (like KKPI preparations &

reconciliation statements of recovery) prepared by Clerk / Tax Assistant &

in absence of those, even prepare those

To maintain time diary of day to day work done.

AC

In charge of the investigation charge and has to carry out overall

functions of the charge.

Supervise, control, guide, monitor and assign work to inspectors and

clerk.

To have control on record and files of his/her office and books of

accounts brought from custody.

Submit various periodical as well as other reports and information to

higher authorities within time.

Comply various audit / inspection report expeditiously.

To review work allotted to STI and clerk.

To write confidential report of STI & clerk.

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Designation Powers and Duties

DC

Being head of the subordinate investigation officers, has to supervise,

control, inspect, guide and co-ordinate function of the subordinate

officers.

Assist the Joint Commissioner in administrative work.

To propose reward and appreciation letters to officer and staff.

To submit periodical report to JC

To review work allotted to AC

To write and review confidential report of officer and staff.

JC

Being administrative head of the investigation division he has to

supervise, inspect, control, and guide and co-ordinate functioning of the

division.

Propose rewards and appreciation letters to officers and staff for

outstanding investigation work.

To submit periodical report to CST

To review work allotted to DC

To write and review confidential report of officer and staff.

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CHAPTER-III

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1. SCOPE OF WORK OF INV OFFICER

1.1 Extent of work:

Investigation visits are conducted in order to scrutinize the transactions leading to tax

evasion/ to find out the modus operandi of tax evasion. The proposal for investigation visit

mentions the purpose of Investigation Visit. The investigating officer shall conduct a detailed

scrutiny in respect of the reasons for which the investigation Proposal had been approved.

In addition he shall conduct detailed scrutiny of the books of accounts for the

immediately preceding year and also for the year in which the investigation visit is conducted.

If the investigating officer finds any discrepancy in the scrutiny then he shall extend the said

scrutiny to the earlier periods, for which the case is live for assessment or for any remedial

actions, in terms of the discrepancy found.

The investigation officer shall ,

i) Scrutinize the return/audit reports filed by the dealer

ii) He shall verify whether the dealer has evaded any sales/purchases, claimed wrong

deductions from both the sales & purchases claimed the input tax credit which is not

due, camouflaged the local sales as interstate sales, exports & stock transfers, is

paying taxes at a lesser rate etc.

iii) Lay special emphasis over the investigation of the facts which formed the purpose of

investigation

iv) Check whether the dealer is in default of paying the due taxes, is a non-filer of return,

audit reports etc.

v) Build the case on facts & collect evidences to support this findings of investigation.

Once the investigation officer completes his investigation he shall prepare a comprehensive

report with year wise details of his findings. He shall further inform the dealer about the tax

liability/discrepancies’, if any through issue of intimation in Form 604, for each period

investigated.

The cases in which the dealer agrees with the investigation findings, the investigation officer

shall ask the dealer to file the returns/revised returns under section 20(4)(c) of MVAT Act

2002 & to discharge the entire tax liability with due interest.

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The cases in which the dealer does not agree with the content of the notice in Form 604 &

the cases in which the dealer has exhausted the option of filing the revised return, shall be

assessed. The comprehensive report of investigation in these cases shall be sent to the

concerned assessing officer for appropriate action.

1.2 Assessment of INV cases:

The assessment in these cases shall be completed by the

i) LTU officer, in case of an LTU dealer

ii) The business audit, refund audit, issue based audit officer to whom the dealer has

been allotted for assessment/audit/issue based audit

iii) Where the dealer has not been allotted to any of the branches mentioned at i) & ii)

the assessment shall be done by BA-1 in case of JC-INV-A & by BA-2 in case of JC-

INV-B. In areas other than Mumbai, the concerned JC (VAT Adm) shall distribute

such cases for assessment to the appropriate officer from the LTU, Refund, BA &

IBA branches

iv) The cases in which the investigation officer desires to complete the assessment, he

will obtain the approval for the same from his Joint Commissioner. In such cases the

assessments for all the periods prior to the year of visit shall be completed by the

concerned INV officer. However, in the LTU cases the INV officer may assess the

dealer for any unassessed period/periods with prior approval of his JC, under

intimation to the concerned LTU officers.

v) In the cases where the assessments have already been completed and corrective

action is required to be taken on the basis of INV report, then such corrective action

will be initiated & completed by the appropriate authority as per the provisions of

law.

vi) The investigation officer shall seek approval of his supervisory Deputy

Commissioner and the Joint Commissioner in respect of all his findings. The Joint

Commissioner of Investigation shall communicate the findings of the Investigation

to other Divisions.

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vii) The case shall be closed for investigation once the investigation report prepared by

the investigation officer is approved by the concerned supervisory Joint

Commissioner.

1.3 Prosecution:

If any offence is committed by the dealer it should be clearly spelt out in report. After

initiation of coercive actions, like prosecution, dealer may come forward; accept &

discharge the liability with interest or dealer may apply for compounding the offence. In

that case, investigation officer should submit dealer’s proposal through DC_INV to JC for

approval with the facts & reasoning. If the compounding of offence is approved, then the

amount of composition money fixed as per the powers delegated (vide respective notifications

for the corresponding of those offences and the relevant circulars) be recovered as per the relevant

orders issued in the prescribed formats as per the Act & Rules.

1.4 Recovery:

Recovery of the Return Dues (viz. a result of notice in Form-213), assessed dues or any

amount payable under the MVAT Act or other allied Acts administered by Sales Tax

Department and not paid by the dealer is to be made by Recovery Branch. The various

actions for recovery of the aforesaid dues including actions under Maharashtra Land

Revenue Code 1966 and the Revenue Recovery Act 1890 (Central Act) is to be made by

Recovery Branch of respective locations. Recovery of sales tax dues assessed is to be made

by the concerned recovery officer from recovery branch as per the provision of section 37

of the MVAT Act 2002.

After raising statutory demand and serving the demand notice on the dealer, investigating

officer should transfer all the recovery papers to respective LTU branch in case of LTU

cases & to recovery branch in case of other cases for recovery actions.

For this the procedures adopted in the Recovery manual need to be followed. The recovery

before INV officer shall stand transferred only after the cross entry of the relevant recovery

register are obtained.

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1.5 Closure of INV proceedings:

Normally the investigation should be completed within 6 months from date of visit.

JC_INV or JC_VAT_Adm shall ensure that the INV file be closed within 12 months from the

date of Visit.

In case the concerned JC_INV or JC_VAT_Adm is of the view that further extension of time

for investigation is required, then he shall record reasons for the same in the INV file.

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CHAPTER-IV

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1. INVESTIGATION BRANCH WORKING PROCEDURE

1.1 PRE-VISIT PREPARATION

1.2 PROPOSAL SOURCES

1.2.1 TAX-EVASION COMPLAINTS

For the tax evasion complaints received by various authorities, an independent procedure

has been prescribed wherein all the tax evasion complaints are sent to EIU. EIU after

analysis, may recommend the case for investigation to the respective Investigation heads,

JC_INV or JC_VAT_Adm as the case may be.

JC_INV or JC_VAT_Adm shall decide whether or not to go for investigation in a particular

case. They shall maintain proper reasons for both, i.e. the selection of the case for

investigation or non-selection of any case for investigation.

1.2.2 OWN INTERNAL SOURCES

AC_INVs or DC_INVs or JC_INV/JC_VAT_Adm may on his/her own initiate a proposal

for investigation. This may include complaints received by him or the proposal moved by

his/her subordinate officer. A complaint which requires with immediate action of

investigation, can be subsequently referred to EIU for analysis or additional information

depending on gravity of the issue.

1.3 PREREQUISITE FOR VISIT PROPOSAL -

Investigation proceedings needs to have reason to believe. Section 64(3) provides that if the

Commissioner has reason to believe that any dealer has evaded or is attempting to evade the

payment of any tax due from him, he may, for reasons to be recorded in writing, seize such

accounts, registers or documents as may be necessary. He should grant receipt for the same

and shall retain the same so long as may be necessary in connection with any proceedings

under the various Acts implemented by the Sales Tax Department or for any prosecution.

Sub section (4) of Section 64 empowers the Commissioner to enter and search any place of

business of any dealer or any person engaged in or in connection with or incidental to or in

the course of business of buying or selling goods or any other place where the commissioner

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has reason to believe that the dealer keeps or is for the time being keeping any accounts

register or documents of his/her business or stock of goods relating to his/her business.

Sub section (18) of section 2 states that place of business includes a warehouse, godown or

other place where a dealer stores his/her goods and any place where the dealer keeps his/her

books of accounts.

1.4 VISIT PROPOSAL PREPARATION-

Visit proposal shall normally come from the field officers. Officer proposing visit shall

assess the intelligence properly and form his/her concrete opinion about the visit and submit

visit proposal to DC_INV. If DC_INV considers the proposal for visit & recommends it

favorably, then with his/her remarks it should be submitted to JC through confidential file.

Visit proposal can also be initiated by DC_INV or JC_INV/JC_VAT_Adm.

In case the proposal is initiated by DC_INV, it shall be marked to JC_INV/JC_VAT_Adm

And if the proposal is initiated by JC_INV or JC_VAT_Adm, it shall be directly marked to

DC_INV as approved proposal which shall be acted upon on priority with preparation.

JC_INV or JC_VAT_Adm may refer any information to DC_INV for analysis or

preparation to ascertain the potential of Visit which should be re-submitted within 15 days

with concrete proposal of either conducting the Visit or closing the information received as

filed (daptari dakhal karne)

Record of proposals received and approved/rejected should be kept in the prescribed

registers.

1.5 VISIT APPROVAL

JC should consider the visit proposals and take his/her decision on the same. He should

communicate his/her decision to the concerned DC_INV within seven working days. Visit

proposal should be returned with decision to the concerned DC_INV Original copy of this

visit proposal shall be a part of investigation file and must be submitted along with

preliminary visit report.

For investigation authorities working in Mofussil divisions, concerned Additional

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Commissioners viz. ACST (Zonal) will approve visit proposal by following the same

procedure as in Mumbai.

1.6 PLANNING

1.6.1 MANPOWER PLANNING

Exact number of staff required at the premises approved to be covered during the Visit

should be done by the field officer in consultation with the warrant issuing authority viz.

normally DC_INV. Strategy of the officials deployment should be decided before

initiation of Visit in close coordination with DC_INV.

1.6.2 LOGISTIC PLANNING

For Investigation visits and return journey the staff and officers are allowed to travel by

taxies if the government Vehicles are not available. Taxi fare bills should be claimed by

staff and officers. In case of outstation Visits, all expenses incurred are liable to be

reimbursed as per the rules of government. For those either an advance or post facto

reimbursement may be claimed by forwarding it to the Establishment Officer. EO should

ensure timely disbursements lest the field officers are not put to inconveniences.

1.6.3 PRECAUTIONS TO BE TAKEN BEFORE THE ENTRY

Following precautions should be taken by Investigating Officer before entering the place

of business.

1. Observe the time limit.

2. Not to disclose the destination & reason of leaving the office except to the

controlling superior authority.

3. Not to carry the vehicle up to the place of visit so as not to disclose the identity.

4. Ensure that the Books of accounts and other important documents are not

destroyed, carried out from back door or thrown out of windows. Depute the staff

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at all such possible strategic places to keep a vigilant eye so as to avoid such

instances.

5. If the place of business of the dealer is found closed, then try to gather the

information without disclosing the identity and contact the Deputy

Commissioner (Investigation) or concerned Joint Commissioner (Investigation)

to seek further orders. If no such contact is possible, visiting officer should take

independent conscious decision.

6. If residence is visited, the party should invariably have a female member of the

rank of Sales Tax Inspector/ Sales Tax Officer or Assistant Commissioner.

1.6.4 CONTENT OF INVESTIGATING OFFICERS KIT

1. Identity Card

2. Copy of Warrant empowering the Search & Seizure.

3. Certified copy of the letter of CST informing Rights and duties of the dealer /

person visited

4. Updated copy of The MVAT Act, 2002, with Maharashtra Value Added Tax

Rules, 2005.

5. Updated copy of The CST Act, 1956 with CST Rules1957.

6. Updated copy of all the other Acts administered by Sales Tax Department.

7. Copy of Notice in Form 603 & copy of Summons & all the other required forms

8. Stamp & Authorized rubber Seal.

9. Required stationery viz. Paper, pencil, ink pad, pins, carbons, ribbon, tags etc.

10. Brass Seal.

11. Sealing wax, candle, match box, thread etc. required for sealing.

12. All other relevant material required for Search & Seizure

1.6.5 GROUP VISITS

1) The investigation which involves more than one INV divisions, JC_VAT_Adms

shall be supervised by the JC in whose jurisdiction the main INV lies.

2) Whenever many dealers dealing in the same commodity or many dealers of a

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specified area, are to be visited jointly by several officers, the concerned

controlling Joint Commissioner and Deputy Commissioner (INV) should decide

the time of such visit in advance. The concerned Deputy Commissioner (INV)

should have complete control over such group visits.

1.7 INV PROCESS

1.7.1 ISSUING WARRANT OF SEARCH AND SEIZURE

The powers of Commissioner to enter the place of business and search and seizure are

delegated to the Deputy Commissioners (INV) & to Assistant Commissioner (INV) by

notification published in the Official Gazette. . The Deputy Commissioner of Sales Tax

should submit visit proposal(s) for approval of JC. After JC`s approval, visit shall be

arranged within 7 (seven) working days. If for valid reasons visit could not be arranged

within 7 (seven) working days then same shall be brought to the notice of the JC and after

his/her permission visit should be arranged within extended permitted days.

As an administrative measure, it is mandatory for every field officer [AC (INV) or DC

(INV)] to obtain requisite Warrant of Search and Seizure / Assignment in the prescribed

format. Warrant of search & Seizure is to be issued by the first level Supervisory officer or

JC_VAT_Adm for areas other than Mumbai.

After confirming from the INV register with DC_1A office that the same dealer or POB had

not been visited by any other investigation authority of the Department in the last/previous

2 (two) FYs.

Warrant issuing Authority should keep office copy of Warrant of Search and Seizure/

Assignment along with Visit Proposal in his/her file.

The Search Warrant/Assignment should mention name and address of the dealer to be

visited. Date & time of visit, seal & signature of the warrant issuing authority. Signature of

the officer authorized to visit and enter the place of business and search and seize the books

of accounts, registers and documents. Search warrant should be shown to the person present

and his/her signature should be obtained on the same. Along with the Search & Seizure

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Warrant, a certified copy of the letter from Commissioner about his/her Rights & Duties

addressed to the dealer be issued by the authority authorized to issue Warrant.

If the same dealer has been visited earlier, the investigation officer shall check whether the

said investigation is closed. In case of the closed investigations, he shall thoroughly

scrutinize the new evidences at hand & come to conclusion about necessity of the new

investigation.

The concerned DC_INV shall submit the proposal to the JC about carrying out new

investigation wherever necessary. The JC shall decide over the approval of the proposal.

In case of investigations which are open, the investigation officer shall share the said facts

to the concerned investigation officer through JC.

1.7.2 VISIT PROCEDURE

1.7.2.1 AFTER ENTRY

It is necessary that during the investigation visits behavior of the officers and staff should

be polite but firm. Visiting officer should disclose the identity only after the confirmation

that the person present is a responsible person & explain the purpose of visit. If the Place is

managed by the servants only, then efforts should be made to know when the owner or any

responsible person is expected. Inquiry should be made without disclosing the identity and

without creating any doubt about identity of the visiting team. DC_INV or JC_INV should

be informed immediately after the entry, during the visit and before concluding the visit.

After entry and disclosure of identity, a copy of letter of CST regarding Rights and duties

of the dealer/ person visited is to be handed over to the dealer/ person present and he should

be requested to sign the office copy of the same. (Letter is enclosed in Manual). If he refuses

to sign the fact should be informed to the superior officer on telephone immediately & the

future course of action may be undertaken as per instructions of the Supervisory officer..

1.7.2.2 SEARCH OF PLACE OF BUSINESS

Visiting officers and staff must work within the four corners of Law. The search should be

conducted with total regard to decency without hurting any religious or social feelings of

the dealer and occupants or hurting self-respect of the dealer.

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Visiting team should respect and observe the rights of the persons/occupants at the time of

search.

Place of business as defined Under Section 2 of MVAT Act, 2002, has comprehensive

meaning. The place of business is the place, where the dealer keeps his/her Books of

Accounts or stock of goods.

The place/s visited should be thoroughly searched for collecting evidence and books of

account and records.

Only the relevant Books and the other relevant evidences, on the basis of which the evasion

of tax is proved and the dealer may be prosecuted should be taken into possession, and not

all the Books found during the search should be taken in possession. Many a time the

unaccounted Books or other relevant books of account and documents are not found at the

place/s mentioned in Warrant of Search and Seizure/ Assignment. In such case the officer

should communicate the fact on telephone to DC_INV / JC and with his/her permission

proceed to any other place disclosed to him, enter and conduct search.

1.7.2.3 PERSONAL SEARCH

In case personal search of the dealer is required it should be done with full regard to decency.

The person must be informed about personal search before starting the search. The person

should be requested to co-operate. Personal search of a female member if necessary, should

be taken by female member of the visiting party with strict regard to her decency and privacy

by observing politeness, proper manners & etiquette. The dignity of the person searched

should be maintained. Search should be carried without disturbing the religious sentiments,

feelings and emotion.

The inventory of articles/ documents obtained during personal search should be made with

signature of the person searched thereon in the prescribed format.

Sometimes search of prayer room is inevitable. Search of such places should be carried out

without disturbing religious sentiments. The female members of the house should be

informed before taking the search of the bedroom.

1.7.2.4 COLLECTTION AND COLLATING OF EVIDENCES

Crucial documents, interoffice communications, loose documents like personal diaries,

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secret accounting items like pen drives or registers need to be collected & collated for

further scrutiny.

Also documents related to dispatches, processes adopted for the business indicating the

lifecycle of the transaction of sale or purchase starting from the point of time when the sale

is commencing to the point of time when sale is concluded needs to be obtained.

1.7.2.5 PANCHANAMA PROCEDURES FOR STOCK; CASH & LOOSE

DOCUMENTS

Verification of stock is necessary in some cases considering the nature of investigation.

Visiting officer should take decision in this connection in consultation with his/her

supervisory officer. Whenever necessary, stock inventory be prepared.

Cash found should be counted in the presence of the person present and inventory of the

same be prepared. Cash should be handed over to the dealer or the person present obtaining

his/her signature in token of receipt of cash and as a proof of having found the cash.

The inventory of cash and stock should be taken along with certificate by the dealer with

date, time and stamp mentioning Rs. (__________/-) in cash and stock as per inventory is

found at his/her place, and it is left in his/her possession.

The investigating authority is not entitled to seize the cash found and stock in trade.

1.7.2.6 STRUCTURING THE INTERVIEW AND RECORDING THE STATEMENTS

Summons should be issued u/s 14 of the VAT Act 2002 for recording the statement on oath

or on affirmation u/s 14 OF THE MVAT ACT 2002. Any other person should not be

allowed to either interfere or prompt, while statement is being recorded by the INV officer.

The officer not below the rank of Sales Tax Officer should administer the oath and record

the statement of the concerned person u/s 14 of VAT Act.

It should be clearly mentioned in the statement that oath is administered to the deponent. It

is also to be written in the statement that, “The deponent agrees to answer all queries

truthfully and to the best of his/her knowledge”.

If the deponent refuses to answer a question on a subject relevant to the search operation,

he shall be punishable with imprisonment or fine or both U/s 179 of the India Penal Code.

Being legally bound by an oath or affirmation to state the truth, if the deponent makes a

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false statement, he shall be punishable by imprisonment or fine or both u/s 181 of the Indian

Penal Code.

Similarly, if the deponent provides evidence which is false and which he knows or believes

to be false, he is liable to be punished u/s. 191 of the Indian Penal code.

It should be in question and answer form. In between, some questions put to him should be

about his/her routine activities so as to prove he was fully aware and conscious while

answering the questions put to him. As far as practicable it should be type written so as to

be readable. The statement should conclude with “the above statement is read over to me

and it is explained to me in ________ (specify the language that is normally understood by the person).

I have understood the same and it is recorded correctly.”

The interview with the VAT dealer should flow logically through the following headings:

Personal details of the interviewee and his/her business

Accounting structure

Knowledge of VAT/CST/Allied Acts

Knowledge about statutory obligations under the VAT/CST/Allied Acts

It is also important to avoid asking VAT dealer “closed” questions.

For example, officer is trying to establish which bank accounts the dealer is using for the

business, the following examples of questions would produce different answers:

How many bank accounts do you use for the business?

Do you have a bank account for the business?

The first question is asking the VAT dealer how many accounts he has for the business. In

answer to the second question, that he has a bank account for the business and he will

probably say “yes”. The latter does not establish what the correct position is in relation to

the business bank accounts. If other bank accounts are subsequently found, it might lead

to believe that the VAT dealer has been evasive with his/her answer. This would not be

the case in the first example as the officer has asked the correct question. The second

example would leave the VAT dealer in the position that he could correctly say that the

officer never asked him how many bank accounts he used for the business. He has said

that he has a bank account, but he has not been asked how many.

The questions should be structured to gain information. It is therefore better to begin the

questions with an “open” style: Who; Why; When; what; Where; How

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Questions started in this way will encourage the VAT dealer to talk and the officers will

probably get answers to other questions when he gives his/her answers.

“Closed” questions are usually answered with a “yes” or “no” and do not further the

interview.

If there are two officers at the interview, the officer writing the notes of the interview

should listen carefully to the questions and answers and ensure that he records them

correctly.

Questioning should not be rushed as more can be gained by talking to the VAT dealer than

looking at the records.

The accounts will only show what the VAT dealer wants to show and what has been

declared, any abnormalities will be highlighted from the interview.

The following are examples of basic questions that should be used as a template for

interviews with dealers:

a. What are the dealer`s contact details?

b. What are his/her responsibilities in the business?

c. Who is the accountant?

d. What is the accounting system (in full)?

e. What books and records are kept (in full)?

f. Other records kept (for additional credibility checks)

g. Who completes the records?

h. What are the main business activities?

i. What are the other business activities?

j. What are the principal outputs?

k. What are the principal inputs?

l. Who are the main customers?

m. Who are the main suppliers?

n. Who puts the figures on the returns?

o. If not the dealer, does that person receive the information from the dealer?

p. Does he understand VAT; CST & allied Act’s as it applies to his/her business?

q. Does the dealer understand that all sales must be declared in the return?

r. Does the dealer understand that all purchases must be genuine?

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s. Are all sales and purchases correctly declared in the Tax returns?

t. Are all the returns correct?

u. Does he understand that it is an offence to file false returns?

1.7.2.7 RECORDING OF STATEMENT OF DEALER

After preparing the receipt, concluding statement of the dealer should be obtained in

respect of overall visit stating that, ‘It was conducted in orderly and peaceful manner having

complete regard with decency & no untoward incident took place (or otherwise). If the dealer

/ person refuses to sign receipt and/or statement, the fact should be noted in the note sheet

and books of accounts may be seized under the panchanama calling the two panchas from

the locality.

Any abnormal incident should be immediately brought to the notice of the DC_INV or

JC as the case may be. DC_INV & respective JC should also pay visits to the place of

business to guide, direct and supervise the visiting party as and when required.

1.7.2.8 CONTINUATION OF VISITS

Many a time, visit may be required to be continued on the next/ subsequent date. In such

cases the concerned AC / DC should inform to DC_INV / JC immediately and further

directions should be sought on telephone.

When a visit is to be continued on subsequent day the books of account /records required

should be kept in some room or cupboard and the same be properly locked and sealed

under signature of the officer in the presence of the dealer / responsible person present.

He should be informed about the date and time when the seal will be opened and

requested to be present. Under-taking from him should be obtained to protect the seal.

On the given date and time if the concerned person is present then seal should be opened

in his/her presence. If he is not present he should be informed on telephone that seal is

going to be opened in his/her absence. Seal should be opened in the presence of two

panchas. The premises should be again locked and sealed after completing search and

seizure. Necessary panchanama should be drawn and signatures of the panchas should

be obtained on receipt of the books and documents taken charge.

It the seal in found to the broken, a police complaint should be filed immediately.

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1.7.2.9 SEIZURE PROCEDURE

Necessary Books of accounts/ documents/papers collected from various places are to be

brought at one convenient place. Normally the dealer/person present voluntarily hands

over books of accounts/ documents/papers. Receipt should be given to the dealer in the

prescribed format. The place at which books found should be mentioned in the receipt.

In case the dealer/person present fails to hand over the books of accounts/ documents/

papers voluntarily then necessary seizure order is required to be passed u/s. 64 (3) of the

MVAT Act. Seizure order should clearly record the facts and circumstances on the basis

of which the officer formed the opinion that the dealer has evaded or attempted to evade

payment of tax due from him. In this case also visiting officer should pass on receipt of

the books of accounts seized to the concerned.

1.7.2.10 PRELIMINARY REPORTING

All INV officers in the field will report the facts starting from time of entry to the

immediate Supervisory officer orally or through mail communication within 3 days.

Immediate Supervisory officer viz. normally DC INV will guide the INV officer from

time to time & take feedback of the situation.

A preliminary reporting of the INV officer should incorporate,

1. prima-facie confirmation of the issues for which the initiation of search was taken

up in the firms for which visit was assigned for

2. the additional firms found at the premises & taken up or not required to be

covered

3. the observations at the premises visited

The preliminary visit report must be made within 3 (three) working days to concerned

JC_INV or JC_VAT_Adm through DC_INV in writing. In case the Visit continuous

beyond 3 (three) days, then the said feedback should reach DC_INV on mail which in

turn can be forwarded to JC_INV or JC_VAT_Adm

1.7.2.11 ISSUE OF NOTICE IN FORM 603 / SUMMONS TO WITNESS

For the regular books of accounts not found at the time of search or not taken charge but

required for further verification at office, necessary notice in Form-603 u/s 64 (2) of VAT

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Act 2002 should be given on the spot to the dealer calling him with the same at office. If

the Visiting officer has reason to call some other person with documents, he may call by

issuing summons to witness u/s 14 of MVAT Act, 2002. However efforts should be made

to seize all the relevant & necessary documents or books of accounts which INV officer

feels may not be reproduced at a later stage after concluding the Visit.

1.7.2.12 CONCLUDING OF SEARCH & SEIZURE OPERATION

Every INV officer must record the concluding statement from the dealer with the

following details, ‘The Search & seizure operation was concluded with proper details &

procedures and in cordial manner’. All the books or the material that is required for further

detailed scrutiny is listed out in prescribed formats with proper panchanamas & is either

voluntarily handed over by the dealer to the INV officer or is seized by the INV officer

with a seizure order that is required to be passed.

All the proceedings from time to time are recorded & which are duly countersigned by

the dealer or his/her authorized representative.

1.7.2.13 HANDLING CRITICAL SITUATIONS

The job assigned to the investigation branch is of vital importance. Due to the powers &

duties u/s. 64(3) and (4) of Search & Seizure the responsibility of the visiting party is

increased manifold. They have to face baseless allegations or sometimes dealers can

make issue out of small and petty matters of the visiting party to divert their attention

from the important work of collection of evidence. The officer & staff working in this

branch have to be vigilant, polite and tactful to defuse the tension. They should always

be vigilant and alert about safety of the visiting team as sometimes the dealers, on-

lookers, local community or trade leaders try to put pressure or use physical force to

withdraw investigation visits. Under such circumstances, help from local police may be

called for. Till the necessary protection and safety is ensured, situations giving rise to

confrontation be avoided. Senior officers should always be informed about such situation

so that they can take necessary decisions & guide the visiting party.

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1.8 POST SEARCH INV WORK

1.8.1 ENTRY INV REGISTER

Immediately on the next day of completion of visit, names of the companies / firms (may

be RD or URD) which were decided to be covered during search (as per intimation &

approval in preliminary reporting) should be entered in the INV register. INV number

should be obtained for all companies/firms that are covered. INV number be obtained

from the concerned JC office in the format for example “MUM-INV-F-001/2013-14/001”

or “AMR-VAT-F-001/2013-14/001” which should be entered in the prescribed Register

No. 4 for sanction/visited/covered cases.

1.8.2 DEPOSITING THE BOOKS OF ACCOUNTS IN THE CUSTODY

The books of accounts, registers, documents obtained at the time of visit should be

immediately deposited in the custody maintained for the depositing of the books of

accounts as far as practicable next working day after the concluding of the visit. Delay

in depositing the books of accounts into the custody up to three working days should be

brought to the notice of DC and his/her permission should be obtained to deposit the

books of accounts in the custody. For delay of more than three working days permission

of JC should be obtained.

Overall supervision over the inspectors and clerks working at the custody will be directly

under the control of the respective Joint Commissioners.

1.8.3 PREPARATIONS OF THE BOOKS OF A/CS, REGISTERS & DOCUMENTS

FOR DEPOSITING IN THE CUSTODY

The books of accounts, registers documents along with receipts should be presented to

the concerned Assistant Commissioner or Dy. Commissioner, as the case may be, to

obtain his/her initials on the same by putting necessary flags on the pages for initials.

The AC or DC concerned should verify and put his/her initials and then sign the

certificate after completing these formalities the books of accounts, registers and

documents should be sent to the custody along with responsible staff. Necessary receipt

should be obtained from the staff working at custody. Before depositing the books the

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IV officer should,

1. Check the books of accounts, registers documents and their number once again,

2. They should be properly numbered.

3. To tie up the loose papers properly.

4. Torn papers should be pasted properly.

5. The STI and staff should put up seal of office on,

a) Inside of front cover.

b) First written page.

c) Any middle page.

d) Last written page.

e) Inside of last cover.

The concerned STI should put his/her initials and date at all the above five pages. Later

on he should prepare the certificate in the prescribed format (preferable at back side of the

Receipts) and sign the same.

1.8.4 VERIFICATION & QUANTIFICATION OF LIABILITY

After the books are obtained from the Custody section for detailed scrutiny &

verification, AC INV will, scrutinize the details of the claims made in the returns vis-à-

vis the evidences found during the search with reference to the details of the facts

recorded in the books (which are procured from the dealer), the facts observed during the

search operations & inferences drawn from the statements recorded during the Visit &

post Visit.

Explore the correctness of the same with reference to the documents, books & the

business procedures observed.

Issue cross verification memos & determine the line of action on the scrutiny of the

claims

Work out the tentative tax liability on the strength of the same.

1.8.5 FIRST VISIT REPORT

As far as practicable, the first visit report should be submitted to supervisory officer

within 7 (seven) working days after the conclusion of Visit.

The first report should invariably include,

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i. The purpose of visit

ii. Brief description of dealer‘s business activities

iii. Observations made about the business processes & dealers activities

iv. Discrepancies noticed in the books of accounts.

v. The modus operandi adopted for tax evasion

vi. Issues found & analysis thereof vis-a-vis issues raised in proposal

vii. Probable amount of tax evasion, may be with tentative quantification (if

noticed)

viii. Proposed line of actions

1.8.6 SUBSEQUENT VISIT REPORT’s

Subsequent reporting about the progress of the investigation & result of the compliances

of the actions approved by JC should be made periodically. The periodicity of reporting

may vary from case to case depending on the gravity & substance of the facts reported

& the approved line of action.

The progress of investigation should be reported to adhere to the stipulated timelines of

completion of all investigation work leading to the logical end.

After verification of books of accounts or depending on the situation or on case to case

basis, if it is necessary to invoke the provisions of S-35 or S-38, then these actions should

be immediately proposed to JC through DC_INV. Actions can be initiated in all those

cases in which the officer has reason to believe from the investigation that tax liability

or any other sum payable is likely to be in excess of Rs. 25,000/- or the dealer is likely

to be not traceable thereafter, if any.

During the post search period, as provided under rule 69 of MVAT Rules 2005, when

the officer below the rank of JC has seized the books of accounts, registers and

documents seized u/s 64 of MVAT Act, the same cannot be retained by him/her for more

than 21 days. AC_INV should propose the extension to JC through DC_INV. All relevant

entries in the prescribed register should be maintained for the books (whether seized or

handed over by dealer voluntarily).

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1.8.7 FINAL VISIT REPORTING

Final report of investigation findings & the resultant amount of taxes evaded if any

should be reported for each FY separately. All the issues covered, claims & evidences in

support of the evasion or incorrectness should be properly reported in the form of a

worksheet (may be in the format of F-604).

Report should also state, whether the findings/outcome of the investigation is conveyed

to the concerned dealer. And if there is any additional tax liability that is accrued, then

whether the same is acceptable to the dealer or not.

The resultant actions on account of the dealer in case of acceptance of investigation

findings or on account of MSTD official in case of not acceptance of investigation

findings should be taken as prescribed in the scope of INV work.

1.9 INV CLOSURE PROCESS

1.9.1 SUMMARY OF ACTIONS & RESULT

All the actions that were taken up with the relevant details & the resultant compliances

at the dealers end (may be filing of revised return or not acceptance of the findings of

investigations) or the resultant output of the AC_INVs actions (may be an AO or reporting

of the facts to other official) should be clearly reported for each FY

1.9.2 CLOSURE PROPOSAL

After all the actionable for the relevant FYs covered in the INV file are complete a

proposal for closure of the INV should be submitted to JC_INV or JC_VAT_Adm

through DC_INV.

The closure proposal must encompass among other things,

Purpose of Visit / reasons

Issues covered in the Visit

Actionable with result & status there of

JC_INV or JC_VAT_Adm must ensure that the complete INV lifecycle is completed in

the stipulated timeline of 12 months from the date of Visit.

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CHAPTER-V

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1. MISCELLANEOUS

1.1 SOURCE OF INTELLIGENCE

1.1.1 INTERNAL SOURCES (EIU Section)

1. MAHAVIKAS data & its analysis

2. EIU data & its analysis

3. Supporting data

4. Returns consolidation (with latest & unique return & details of non-filer

period with reference to periodicity)

5. F-704 data & 360 analysis details of data taken as on date

6. Single point of contact from EIU in case any back reference required to be

made for discrepancies in supporting data & facts observed (methodology of

reconciliation & communication)

7. Analysis of given data

1.1.2 EXTERNAL SOURCES (Other than MSTD)

1. Information & data of other State departments like Transport, Excise, IGR,

Municipal Corporations etc.

2. Information of Central Agencies like Central Excise, Customs, Income Tax

etc.

3. Information received orally, on telephonic conversation, or in writing from

social worker, well-wishers, competitors in business.

4. From the written complaints received from citizens, trade rivals, accountants

or from partners, directors.

5. Information received from professional registered informants with expectation

of reward.

6. From the news obtained from trade circle.

7. From the references obtained from the seized documents while analyzing

them.

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8. Information obtained from Toll Nakas, Check Posts, Income Tax, C.B. I., State

Excise Department, Railway, Bank, Government, Airport authority, Post

offices, Central Excise Department, customs department, Port Trusts,

Industrial Estate, traders’ organization, Transport companies, Transporters,

Godown keepers, from Exhibitions, Trade Mark and Patent registration office,

statistical institute, Industrial economic survey reports

9. Customs Clearing House Agents (CHA’s)

10. Information of cross checks received from sales tax departments of other

states.

11. Information collected from newspapers and other business related periodicals

12. Information received from the verification of cross checks issued by officers.

13. Officers and staff of sales tax department dealing with dealer and their cases.

14. From internet

15. From various media such as newspapers, T.V. channels, Hoardings etc.

16. All the above available information should be properly filtered and studied

systematically and compared with available record then only action should be

taken.

JC_INV or concerned JC_VAT_Adm shall coordinate with JC_EIU to obtain the

information from EIU necessary for investigation whenever required.

1.2 PROSECUTION PROCEDURES

The MVAT Act, 2002, the CST Act, 1956 and the allied Acts provide for the

prosecution of dealers in specific circumstances. Powers have been delegated to

the officers to lodge prosecutions against the dealers committing some offence

under the various Acts administered. Although the departmental officers have

successfully conducted prosecutions, there is a consistent requirement of proper

guidelines to effectively prosecute the offenders. The following note is prepared

to guide the officers so that the prosecutions are effectively conducted in

appropriate cases.

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1.2.1 LODGING OF COMPLAINT; PROSECUTION BEFORE COURT OF LAW AND

INVESTIGATION OF AN OFFENCE

1. All the offences under the MVAT Act 2002 and the CST Act 1956 are

cognizable and bail-able. The difference between a cognizable and non-

cognizable offence is that in case of a cognizable offence the police

officer may arrest the accused without a warrant from the Magistrate.

Thus it can be seen by making them cognizable due seriousness has been

accorded to the offences under the Acts governed by the department.

Hence due care should be taken while booking the persons / dealers under

I.P.C., as it works against the personal liberty of a person.

2. Notice to show cause as to why the prosecution should not be initiated

should be issued and served on the offender. The notice should explicitly

mention the offence and allow the offender appropriate time to respond

to the said notice. Opportunity may be given to the dealer to prove his/her

claims/bonafides or make good the default.

3. If the dealer does not comply with the requirements of the prosecution

show cause notice then the complaint may be lodged with the police

station in the form of an FIR (FIR’s are governed by Section 154 of the Cr

PC). FIR should be the information of facts disclosing the commission of

a cognizable offence and it should not be vague or indefinite. It is

necessary that the FIR is lodged in the police station having jurisdiction

over the site of commissioning of offence. The address of the principal

place of business of the dealer should be considered to decide the police

station of jurisdiction.

4. Prosecution sanction from the Government or from the authority

empowered is required to prosecute a dealer for the offences committed

under the CST, Act 1956. While sanctioning prosecution, the sanctioning

authority needs to apply mind and get satisfied about the necessity of

prosecution on the basis of available document/material.

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5. In order to avoid any short coming/lacunae in the complaint to be lodged,

discussion with the police prosecutor should be held.

6. The term “FIR i.e. First Information Report” is a technical description of

the report made out u/s. 154 of CrPC, giving the first information of a

cognizable crime to the police. This report is usually made by the

complainant or some other person on his/her behalf.

7. The principle object of the FIR from the stand point of the informant, is

to set the criminal law in motion, and from the view point of the

investigation authorities, is to obtain information about the alleged

criminal activities so as to be able to take the appropriate steps for tracing

and bringing the guilty person behind the bars.

8. The FIR should include all the details of the offence committed by the

dealer or person in a chronological order. The FIR should also mention

the Sections of the MVAT and the allied Acts (as may be applicable) under

which the offence has been committed. If the offence is to be lodged with

the mention of Sections of the Indian Penal Code (IPC), the same may be

done with due advise from the supervisory officer. The attested

photocopies of the documents used as evidences should be attached with

the FIR and the original documents should be preserved for production in

the court of law.

9. When the offence is committed by the partnership firm, “Partners as well

as the Firm” should be named as “Accused” and in case of a “Company”,

“the Company as well as its Directors and the Managing Director

responsible for the day to day affairs of the company” should be named

as the “Accused”.

10. Sufficient evidences should be gathered to establish the offence beyond

reasonable doubt. Due care should be taken for collection of the evidences

such as documents, books of accounts, dispatch proofs, returns filed by

the dealer or the persons etc., depending upon the nature of complaint.

11. The Joint Commissioner may compound the offence under the MVAT,

Act, 2002 and certain offences under the CST, Act, 1956 after the

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offender has made good for the default for which he is prosecuted and has

paid the composition money as decided.

12. Offences under the IPC are of serious kind and the sales tax authorities

have no powers to compound these offences or withdraw the prosecution

in spite of the dealer making payment of tax, interest and penalty.

13. Powers to withdraw the prosecutions under the IPC lie with the State

Government. Therefore, due care should be taken to file an FIR under the

IPC

14. Section 200 and 203 of the Cr PC Act, 1973 provide for lodging of

complaint with the Magistrate and dismissal of the same by the

Magistrate.

15. The police station in-charge investigates the offence reported in the FIR

and after completion of investigation sends the final report to the

Magistrate.

1.2.2 SELECTION OF CASES FOR PROSECUTION

Some dealers/persons evade taxes intentionally or willfully by adopting

malpractices and by manipulating the record or habitually delaying the payment

of taxes, give, take and use forged documents and make bogus claims of reduced

rate of tax applicable to them, knowingly claim bogus input tax credit (set-off)

based on forged or manipulated documents. This necessitates stern and coercive

actions against the offenders. The actions of imposition of penalty or prosecution

under the various Acts administered by the Sales Tax Department need to be

explored. In some of the cases the offences are of grave nature and need to be

lodged under the provisions of Indian Penal Code (IPC).

The possibility of initiating the prosecution proceedings may be explored by the

concerned authorities in some of the following instances –

The cases wherein taxes evaded are significant

For offences under IPC of cheating with forgery, cheating by

impersonating, criminal breach of trust or obstructing officers and staff

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during the course of official work

Habitual defaulters in filing returns and paying taxes

Non genuine dealers & their beneficiaries

Non-attendance or delaying proceedings u/s. 64 without sufficient

reasons

Non-payment of taxes assessed after 60 days where no stay is granted by

any authority or no appeal is filed or appeal filed but rejected and tax

quantum involved is significant

Non traceable and absconding dealers/persons wherein significant tax

recovery is pending

Non filing of returns, Nonpayment of taxes admitted in returns etc.

Offences enlisted in section 74 of MVAT Act, 2002

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1.2.3 PROVISIONS FOR OFFENCES AND PENALTIES UNDER MVAT ACT 2002:

Section Nature of offences Punishment on conviction

74(1)(a) Knowingly, not being registered dealer under this Act,

represents that he is or was registered dealer at the time

when he sales or buys goods

Rigorous imprisonment for

min 1 month and maximum 1

year and with fine.

74(1)(b) Knowingly furnishes a false return Rigorous imprisonment for

min 1 month and maximum 1

year and with fine.

74(1)(c) Knowingly produces before the Commissioner or

Tribunal, a false bill, cash memorandum, voucher,

declaration, certificate or other document referred to in

sub-section (4) of section 29

Rigorous imprisonment for

min 1 month and maximum 1

year and with fine.

74(1)(d) Knowingly keeps false account of the value of goods

bought or sold by him in contravention of sub-section (1)

of section 63

Rigorous imprisonment for

min 1 month and maximum 1

year and with fine.

74(1)(e) Knowingly produces false accounts, registers or

documents or knowingly furnishes false information

Rigorous imprisonment for

min 1 month and maximum 1

year and with fine.

74(1)(f) Knowingly issues to any person any certificate or

declaration, under the Act, Rules or notifications, or a bill,

cash memorandum, voucher, delivery Chalan, lorry

receipt or other document which he knows or has reason

to believe to be false

Rigorous imprisonment for

min 1 month and maximum 1

year and with fine.

74(1)(g) Knowingly falsely represents that he is authorized under

section 82 to appear before any authority in any

proceeding

Rigorous imprisonment for

min 1 month and maximum 1

year and with fine.

74(1A) knowingly with the intention to defraud revenue, issues or

produces a false tax invoice and thereby makes a false

claim in respect of the set-off or the refund, or claims any

other deduction that results into reduced tax liability or

enhances the amount of refund

(ii) abets any of the aforesaid offences

Rigorous imprisonment for

min of 1 year and maximum

up to 2 year and with fine.

74(2) Whoever wilfully attempts in any manner whatsoever to

evade any tax liable under this Act or payment of any tax,

penalty or interest under this Act

Rigorous imprisonment for

min 3 months and maximum 1

year and with fine.

74 (3)(a) Fails, without sufficient cause, to comply with the

requirements of sub section (3) of section 14.

Simple imprisonment which

may extend to six month and

with fine.

74 (3)(b) Engaged in business as a dealer without being registered

under section 16 of MVAT Act, 2002

Simple imprisonment which

may extend to six month and

with fine.

74 (3)(c) Fails, without sufficient cause, to obtain, in lieu of existing

certificate of registration, a fresh certificate of registration

when required to do so as provided in sub-section 1 of

Simple imprisonment which

may extend to six month and

with fine.

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Section Nature of offences Punishment on conviction

section 17 of MVAT Act.

74 (3)(d) Fails, without sufficient cause, to furnish any information

required by section 18 of MVAT Act, 2002

Simple imprisonment which

may extend to six month and

with fine.

74 (3)(e) Failure to furnish a declaration/revised declaration as

provided in sub-section (1) of section 19 i.e. information

regarding the manager of the business or fails to

communicate the permanent account number of the

business or information regarding having applied for the

same as provided in sub-section (2) of section 19

Simple imprisonment which

may extend to six month and

with fine.

74 (3)(f) Failure without sufficient cause, to furnish any return or

complete and self-consistent return as required by section

20 by the date and in the manner prescribed,

Simple imprisonment which

may extend to six month and

with fine.

74 (3)(g) Failure without sufficient cause in paying tax deductible at

source by the employer, in deducting deduct at source or

to file TDS return as required under the provisions of

section 31

Simple imprisonment which

may extend to six month and

with fine.

74 (3)(h) Failure without sufficient cause, to comply with the

requirements of the notice issued under sub-section (1) of

section 33 i.e. provision of special mode of recovery -

garnishee provisions

Simple imprisonment which

may extend to six month and

with fine.

74 (3)(i) Failure without sufficient cause, to comply with the

requirements of any order issued under sub-section (1) of

section 35 i.e. provisional attachment-garnishee

provisions

Simple imprisonment which

may extend to six month and

with fine.

74 (3)(j) Failure without sufficient cause, to comply with the

requirements of any order issued under sub-section (3) of

section 38 i.e. order declaring transfer/ charge to be void

Simple imprisonment which

may extend to six month and

with fine.

74 (3)(k) Failure without sufficient cause, to comply with the

requirements of section 42 i.e. relating to composition

scheme

Simple imprisonment which

may extend to six month and

with fine.

74 (3)(l) contravening, without reasonable cause, the provision of

section 60 i.e. provision of prohibition against collection

of amounts by way of tax or in lieu of tax in certain cases

Simple imprisonment which

may extend to six month and

with fine.

74 (3)(m) Fails, without sufficient cause, to get accounts audited or

furnish the report of the audit, as required under section 61

Simple imprisonment which

may extend to six month and

with fine.

74 (3)(n) Failure without sufficient cause, to comply with the

requirements of section 63 (liability to produce accounts,

etc.)

Simple imprisonment which

may extend to six month and

with fine.

74 (3)(o) Failure without sufficient cause, to comply with the

requirements of section 64 (production and inspection of

account and document and search of premises)

Simple imprisonment which

may extend to six month and

with fine.

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Section Nature of offences Punishment on conviction

74 (3)(p) Failure without sufficient cause, to comply with the

requirements of section 65 (cross checking of transaction)

Simple imprisonment which

may extend to six month and

with fine.

74 (3)(q) Failure, without sufficient cause, to furnish any

information or return required by section 70 (relating to

power to collect statistics)

Simple imprisonment which

may extend to six month and

with fine.

74(3)(r) Failure, without sufficient cause, to issue a tax invoice, bill

or cash memorandum as required u/s 86

simple imprisonment which

may extend to six months and

with fine

74(3)(s) contravening without reasonable cause, any of the

conditions, subjects to which the Certificate of Entitlement

is granted

simple imprisonment which

may extend to six months and

with fine

74(3)(t) Failure, without sufficient cause, to comply with any

notice in respect of any proceedings

simple imprisonment which

may extend to six months and

with fine

74(4) Whoever aids or abets or induces any person in

commissioning of any offence enumerated under sub

section (1) and (2)

simple imprisonment for

minimum of one month and

maximum of one year with

fine

Whoever aids or abets or induces any person in

commissioning of any offence enumerated under sub

section (3)

simple imprisonment which

may extend to one month and

with fine

74(5) Offences specified under sub- section (1) to (4) and if it is

a continuing one

Rs. 100/- per day during the

continuation of the offence in

addition to punishment

provided under this section.

74(6) Person who is deemed to be manager as provided U/s 19

of the dealer accused of an offence specified in sub section

(1) to (3)of section 74

Same punishment as provided

under the relevant sub-

sections.

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1.2.4 PROVISIONS FOR OFFENCES UNDER IPC 1860

Sr

No Offences Section Punishment

Cognizable/

Non Cognizable

Bailable/Non

Bailable

1 Common Intension

34

2 Criminal Conspiracy

120 (B) 2 year imprisonment or

Fine or both Cognizable Bailable

3 Criminal Breach of trust

406 3 year imprisonment

or Fine or both Cognizable Non-Bailable

4 Cheating

417 1 year imprisonment or

Fine or Both

Non

Cognizable Bailable

5

Cheating with knowledge that

wrongful loss may insure to

person whose interest offender

is bound to protect.

418 3 year imprisonment or

Fine or Both

Non

Cognizable Bailable

6 Cheating of personation

419 3 year imprisonment or

Fine or Both Cognizable Bailable

7 Cheating & Dishonestly

Inducing delivery of Property 420 Up to 7 Year

imprisonment and Fine Cognizable Non Bailable

8 Forgery of document

465 2 year imprisonment or

Fine or Both

Non

Cognizable Bailable

9 Forgery of valuable security

467 Life Imprisonment or

10 Year and Fine

Non

Cognizable Non Bailable

10 Forgery for the purpose of

cheating 468 7 Year imprisonment

and Fine Cognizable Non Bailable

11 Using Forged documents as

genuine 471 7 Year imprisonment

and Fine Cognizable Bailable

12

Making or Possessing

Counterfeit Seal etc. with

intent to commit forgery

punishable u/s 467 of IPC

472 Life Imprisonment or 7

Year and Fine Cognizable Bailable

13

Making or Possessing

Counterfeit Seal etc. with

intent to commit forgery

punishable other than section

467 of IPC

473 7 year imprisonment

and Fine Cognizable Bailable

14

Having Possession of

Document described in sec.

466 or 467, knowing it to be

forged & intending to use it as

genuine

474 Life imprisonment or 7

Year and Fine Cognizable Bailable

Section 76 to 106 of IPC are about general exceptions which are not amounting to offence

and of right of private defense of person and property and hence are useful.

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1.2.5 LIST OF BASIC DOCUMENTS REQUIRED FOR FILING A COMPLAINT &

LAUNCHING PROSECUTION

(a sample list viz. indicative & may vary depending upon nature of offence committed &

availability of documents).

1.2.6 FOR DEALER WHO ISSUES NON GENUINE BILLS (non-genuine dealer’s commonly

referred as hawala dealers) or DEALERS INVOLVED IN SUPPRESSION OF

TURNOVER / MISCLASSIFICATION OF COMMODITIES & TAX RATES

1. Complaint letter containing

a. Details of the complainant with his/her official designation

b. Registration details viz.

i. Name,

ii. All addresses as per record

iii. Names with addresses of the firms proprietor, partners, authorized

signatories & Directors or as the case may be

iv. The persons involved or committed offence.

v. the details of Certified copies of statutory Record like F-105

2. Details of -

a. Offence committed with breach of MVAT provisions

b. Names of the person involved (directly or indirectly as responsible

for the firms activities).

c. Name and address of operator, (if any).

3. Available evidences in support of the offences like,

a. Summary of returns, Form-704, actual turnover and deposits Bank

statement.

b. Sample bill copies of sales and purchases (if available).

c. Copy of deposition/Statement.

d. Affidavit of facts submitted

e. Name and address of sample beneficiary dealers along with their

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statement/deposition (maximum 3 to 5 if available).

f. Copy of notice/show cause issued (if any).

4. Corroborative evidence such as actual photograph of the places, antecedence

of the dealer.

1.3 CUSTODY SECTION PROCEDURES & VERIFICATION BY CUSTODY

SECTION

Custody section shall be under direct control of JC_INV & JC_VAT_Adm

The staff at custody should verify -

a) Whether the books of accounts, registers & documents tallies with the

receipts.

b) Whether the receipt has signature of the dealer / person concerned or

certificate of the AC or DC as the case may be to the effect that the dealer

refused to sign the receipt and the books of A/c’s are seized under

panchanama.

c) Necessary seals are put at five pages mentioned above & initialed by STI

and concerned AC or DC (as the case may be).

1.3.1 RECORDING OF BOOKS DEPOSITED TO BE MAINTAINED BY CUSTODY

1. After completing the above formalities the necessary entry of the books of

accounts, registers and documents should be taken in the Register of seized

books maintained at the Custody manually or on Computer.

2. The Clerk working in the Custody Section should also put a stamp of the

Sales Tax Inspector of Custody Section on Inside front cover; First written

page; any 3 written pages in between; last written page & inside last cover.

(This stamping is over & above the stamping done by the concerned STI

working under AC_INV or DC_INV) Total stamp and signature has to be done

at seven places. However on files containing loose papers stamps should be put on

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each & every page and they should be serially paginated (in case no printed paging

is already on the pages).

3. The STI working at custody should check the stamping & paging & put

his/her initial on all the seven pages. He should note those page numbers on

a chit and pin up the said chit on first inside page of the books of accounts

register or file.

4. After completing the above formalities necessary entry of the books of

accounts should be taken in the Issue Register of books of accounts. Serial

number of the said entry should be written on the first page of the books of

accounts, registers and files. When books are ready the concerned

investigation officer should be informed to take charge of the books of

accounts, registers and files.

1.3.2 PROCEDURE TO ISSUE THE BOOKS TO THE INVESTIGATION OFFICER:

After receipt of intimation from the custody section that books of accounts,

registers & documents are ready, immediately the same should be collected by

sending Issue note for the books with signature of investigation officer. The said

Issue note should contain reference no of receipt, INV. No. and name of the dealer.

After verification of books & documents, the INV officer should invariably deposit

the books & documents back into Custody.

1.3.3 PROCEDURE FOR RETURNING THE BOOKS OF ACCOUNTS,

REGISTERS & FILES:

Staff working at custody should note reference number of Issue note, in issue

register and return the books of accounts, Register & files to the concerned STI

working with investigation officer by obtaining his/her signature in the register in

token of receipt of the books of accounts.

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1.3.4 TO TRANSFER THE BOOKS OF ACCOUNTS & DOCUMENTS TO THE

ANOTHER OFFICER:

To transfer the books of accounts & documents to the officer separate format of

issue note is to be used (format enclosed). Necessary signature should be obtained

from Dy. Commissioner or the Joint Commissioner concern on the issue note.

Custody section should make necessary entry in their register about transfer.

1.3.5 TO RETURN THE BOOKS OF ACCOUNT TO THE DEALER:

After closure of the case, the Assistant Commissioner shall inform the dealer to

collect the books of accounts from the custody. Assistant Commissioner (INV)

shall prepare issue note and it shall be signed by Deputy Commissioner (INV) or

Jt. Commissioner. Issue Note shall mention the following particulars.

1. Serial Number in outward register and date,

2. Reference Number,

3. Name of the dealer,

4. Registration Certificate Number,

5. INV Number,

6. Description of books, total number of books and period,

7. Date of order of Joint Commissioner regarding closure of file and release

of books.

The issue note along with INV file of the dealer should be sent to the in-charge of

custody. The custody section shall take following action after receiving the issue

note. The content of issue note shall be verified for their correctness. The

correctness of closure of investigation shall be verified by referring to the remarks

of Joint Commissioner in the file.

The dealer or the authorized person appointed by the dealer should be identified by

the STI of the investigation officer. To return the books of A/c’s to the dealer, issue

note is to be prepared (format given). Signature of Dy. Commissioner or Joint

Commissioner, as the case may be, obtained on issue note for returning the books

of accounts; registers and documents to the dealer, and sent to the custody. Issue

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note should have reference to the order of returning the books of accounts.

The Sales Tax Inspector of custody section shall also sign the receipt by mentioning

remark that the books of accounts have been returned to the dealer and entries shall

be closed in the related registers.

Sales Tax Inspector working at custody should verify and note reference no. of

issue note in the register. He should obtain signature of concerned Sales Tax

Inspector in the said register as well as that of the dealer or person accepting the

books on behalf of the dealer. Investigation officers should also maintain control

register for transfer/ return of the books and draw monthly abstract of the same.

1.3.6 IF THE DEALER DOES NOT CLAIM THE BOOKS OF ACCOUNTS

If after many attempts, the dealer is not traceable or does not turn up to claim the

books of accounts lying in the custody when the same are not required for any

proceedings at all, then Investigation officer shall propose to destroy the books of

accounts in such cases and he shall send a proposal to the Joint Commissioner

through Deputy Commissioner. After receiving the proposal Joint Commissioner

shall publish the details in the Official Gazette. The details of the dealer should at

least be published giving 30 days’ time to collect the books of accounts and after

such publication; action of destroying such unclaimed books of accounts shall be

initiated. The books of accounts shall be destroyed after 30 days plus 15 days more

of publication of such information in the Official Gazette.

1.3.7 PROCEDURE OF DESTROYING THE BOOKS OF ACCOUNTS

The Sales Tax Inspector of custody section shall verify the proposal of destroying

of unclaimed books of accounts. After verification of the record and ascertaining

the fact that dealer or his/her representative is not coming forward to claim the

books of account then a list of such books of account is to be prepared which shall

contain Name of the Dealer or person , TIN if any, INV number, date of Visit, No.

of books. The said list after due approval of the respective Joint Commissioner of

Sales Tax is to be sent to the Government Press for its publication in the Official

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Gazette. After publication of the said list in the Official Gazette a wide publicity is

to be given. For this, the copy of the Official Gazette may be placed on the notice

board or displayed on the Web-site of the Department. After due date mentioned

in the Official Gazette the unclaimed books of account may be destroyed as per

procedure given herein below: as it is necessary to check that the books of account

belonging to the same dealer who does not turn up to claim the same, be destroyed

and not of others

After proper verification, the entry shall be made in the register which is maintained

for the purpose of destroying the books of accounts. AC_INV shall also enter the

information in the registers regarding the books of accounts to be destroyed. The

entry shall be taken in the related register mentioning that the “books of accounts

have been destroyed by burning”. The date and time shall be mentioned.

The custody branch shall fix a date for destroying the books of accounts and

representative of fire brigade, concerned AC_INV, DC_INV shall be informed

accordingly. Such date fixed shall be after 15 days from the date given in the

official gazette to collect the books.

On the date and time fixed the books of account shall be destroyed by burning in

the presence of Sales Tax Inspector (Custody section), AC_INV & DC_INV and a

representative of Fire Brigade.

The Sales Tax Inspector of custody section, AC_INV & DC_INV should sign the

register. Then entries pertaining to such books shall be closed in the related

registers.

1.4 REPORTING FORMATS OF INVESTIGATION BRANCH

All reporting formats of KKPI prescribed by CST office from time to time be a part

of the reporting formats. Along with that, during the transition phase from manual

functioning to working with MAHAVIKAS module, both physical copies of KKPI

& MIS reports of MAHAVIKAS be used.

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1.5 INSPECTION PROCEDURE AND FREQUENCY

DC_INV

1. To carry out at least one complete inspection of the charge of AC_INV in a FY

2. Issue inspection note and send it to the concern officer for compliance with

intimation to JC

3. After receiving satisfactory compliance inspection note should be closed.

AC_INV

1. To take necessary action and correct defect and error

2. Submit compliance report within a month to DC_INV.

(Inspection Register is to be maintained by DC_INV office & AC_INV office in the format

prescribed).

1.6 RECORD FILING SYSTEM

Investigation files must be divided into two parts. First Part should contain the proposal

approval sheets followed by assignment / Warrant of Search and Seizure, Preliminary,

first & subsequent reports thereafter. Reports and note sheets should contain name of the

dealer in brief, INV No. and page no’s so that they can be identified even if detached

from file by passage of time. The second part should contain proceeding sheets in

sufficient number to record attendance and hearing to the dealer, all supporting

documents in the proposal file followed by notices / summons issued, documents

obtained for verification and verification report and working of the tax liability, penalty

and interest, if any. Assessment and prosecution files should be separate. All files should

be indexed and front side of page paginated giving alternate numbers.

1.7 DISPOSAL OF OLD RECORD NOT REQUIRED Old investigation files and record not required for any proceedings under any of the Acts

administered by the sales tax Dept. or for any departmental inquiry, prosecution or other

proceedings before any tribunal or any court or for recovery or reward to informants

should be sent to record section after completion of three years from the end of the last

action in the matter.

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1.8 EXPANSE; EFFECT & ITERATIONS

This investigation manual is in supersession of all the earlier instructions given vide

Circulars & administrative guidelines through other means.

It is for internal use in the nature of procedural guidelines and aims at providing

clarifications to achieve the objectives of Investigation Branch.

This manual is applicable to all the officers to whom powers of search and seizure are

granted for investigation under the respective acts implemented by Maharashtra Sales

Tax Department. And shall come in force from 15-11-2014.

It is subject to iterations as & when the need arises which will be carried out by JC-INV-

A & JC-INV-B with approval of The Commissioner of Sales Tax from time to time.

1.9 DISCLAIMER

The contents of this manual should not be used for any legal interpretation of provisions

of any law or rules made there under.

All the details are procedural guidelines for the officials to whom the powers of search

and seizure are delegated by The Commissioner of Sales Tax

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2.0 VARIOUS FORMATS

Certain formats to be used for the procedures while working for the INV are prescribed.

A list of the formats that are prescribed for various function is as under.

Note: The formats given under are for internal guideline and are intended to provide

clarifications. They may be modified suitably. The said formats should not be used for any legal

interpretation of provisions of law.

Format

No. Purpose

1 INV Visit proposal

2 Warrant of Search & Seizure / Assignment

3 Format for intimation of investigation visits

4 Format for fortnightly Statements of investigation visits

5 Communication from CST addressed to dealer for his/her Rights & Duties

6 Receipt of books

7 Seizure order

8 Certificate to be used while depositing books in Custody

9 Issue note for retrieving books from Custody

10 Issue note for returning books from Custody

11 Issue note for transferring books from Custody

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Format for INV proposal Format No. 1

INV Visit proposal

1 Proposal No and Date

2 Name of the dealer to be

visited M/s

3 TIN of the dealer to be visited

(if any) :

4

Nature of

Business (Tick

the relevant

fields)

Manufacture

r

Importer

Reseller

Other

(specify)

5 Commodity Dealt in:-

6 Reference INV No (if any)

7 Reference Complaint No and

date (if any)

8 Purpose/Reasons of Visit

Description (Tick the

relevant fields) Description

(Tick

the

relev

ant

fields)

Suppression of Sales/Purchase Wrong Set-off

Claims

Non-issuance of Invoices Misclassification

of Commodity

Hawala Transactions Wrong 6(2) Sale

Cross-Check of Declarations Collection of

Information

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INV Visit proposal

Cross-Check of

Transaction/Claims Unregistered

Dealer

Incorrect incentive

Deferral/Exemption Claim Market

Intelligence

Other (Specify)

9 Source of Intelligence / Information

Description (Tick the

relevant

fields)

Description (Tick

the

relev

ant

fields)

Economic Intelligence Unit Other Govt. Dept.

(specify)

Advisory Visit Br Pending

Complaint

Business Audit Br. REIC

Large Tax Payers' Unit Market Source

Referred from CST office Own Information

Other Branch of MSTD (specify)

Any Other (specify)

10 Available Address/es to be Visited:-

POB:

POR:

11 No of Officers Required for Visit

12 No of STI’s Required for Visit

13

Logistics required for (in brief

specifying vehicles & other

arrangements in case of

outstation Visits)

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INV Visit proposal

14

Approximate tax potential in the

proposal with other

observations of Officer

proposing Visit

(specify in brief with issues &

relevant prima-facie evidences

on record leading towards

reason to believe)

15

Signature & Designation of

AC_INV/DC_INV proposing

Visit

Asst. Commissioner of Sales Tax (D - )

16

Remarks of DC_INV

(specify the recommendations

in brief)

17 Signature & Designation of

DC_INV

Dy. Commissioner of Sales Tax ( E - )

18 Remarks of JC

19 Signature & Designation of JC

Jt. Commissioner of Sales Tax

Investigation Branch-B, Mumbai.

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Format of Assignment /Warrant of Search & Seizure Format No. 2

SALES TAX DEPARTMENT Government of Maharashtra

Office of the Dy. Commissioner of Sales

Tax

MUM-INV-E- , Vikrikar Bhavan,

Mazgaon,

Mumbai - 400 010.

Assignment No: /2013-14 Date :

WARRANT OF SEARCH & SEIZURE

(u/s 64 of the Maharashtra Value Added Act -2002)

Date of visit: - -2013 Time of visit: Hrs.

In the case of M/s .________________________holding TIN 27 V & 27 C, having

its places of business at,

1) _______________________________________________

2) _______________________________________________

& the place of residence at __________________________________________

Mr. _______________, Assistant Commissioner of Sales Tax INV-D- , Mumbai is hereby,

assigned and authorized to visit, enter, inspect and verify the books of accounts and documents

of the said dealer and other concerns found in the business premises, godown and any other place

where books of a/c are kept.

The officer is further authorized to search the place of business, which includes,

warehouse, godown, and any other place where the dealer is likely to store his/her goods or keep

his/her books of accounts. If necessary, the officer may seize the books of accounts, registers,

documents, and other papers relating to sales, purchases, stock of goods and other documents

found at the place of business, warehouse, godown and any other place as may be necessary.

The officer/s may take inventory of the goods and cash found at the place of business as may be

necessary U/s. 64 of MVAT Act, 2002. The dealer is requested to assist the officer in discharging

the duty.

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Any attempt to mislead, tamper with the evidence, refusal to answer the questions

relevant to search operations, making of false statement or providing false evidence is punishable

with IMPRISONMENT and/or FINE under section 179, 181, 191 and 418 of the Indian Penal

Code and/or section 74 of the MVAT ACT, 2002.

Seal ( )

Dy. Commissioner of Sales Tax_INV_ ,

Place: Mumbai Investigation_Div_B, Mumbai

Signatures of Investigation Officer:

1) Asstt. Commissioner of Sales Tax_INV_ , Mumbai __________________

2) Asstt. Commissioner of Sales Tax_INV_ , Mumbai __________________

Read & Signed

(Signature of the person present at the time of visit)

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Format for intimation of investigation visits Format No. 3

CONFIDENTIAL

Office of the Jt. Commissioner of Sales

Tax

MUM-INV-F- , Vikrikar Bhavan,

Mazgaon,

Mumbai - 400 010.

No: MUM-VAT-F-002/Visit Intimation/FY 2013-14/B- Mumbai, dated

Sr No TIN

Name

&Addresses

to be visited

Date of

sanction

of Visit

proposal

Name of

INV

officer

Name of

the

controlling

DC_INV

with

designation

& contact

No.

Purpose

of Visit in

detail

Joint Commissioner of Sales Tax,

MUM_INV_F_ ,INV Branch, Mumbai

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Format for fortnightly Statements of investigation visits Format No. 4

CONFIDENTIAL

Office of the Jt. Commissioner of Sales

Tax

MUM-INV-F- , Vikrikar Bhavan,

Mazgaon,

Mumbai - 400 010.

No: MUM-VAT-F-002/Fortnightly Report/FY 2013-14/B- Mumbai, dated

Sr

N

o

Main

INV

Officer

Date

of

Visit

INV

No.

TIN Name

Purpose

of visit Evidences

found

about

purpose of

Visit

Amount of

Tax

expected

(approx.)

(in Rs.

Lacs)

Amount of

Tax paid

after INV

(in Rs.

Lacs)

(Hawala dealer,

Genuine dealer,

Not traceable

dealer) Brief

Details of the

Visit

Summary Total Tax Detected: Lacs Total Tax Recovered: Lacs Total Visits Hawala dealers found Genuine dealers found Not traceable dealers

Joint Commissioner of Sales Tax,

MUM_INV_F_ ,INV Branch, Mumbai

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Format for Communication from CST addressed to dealer for Rights & Duties Format No. 5

Office of the, Commissioner of Sales Tax, 8th Floor

Vikrikar Bhavan, Mazgaon, Mumbai -10 Tel: 23760866

To,

M/s

------------------------------

------------------------------

------------------------------

Section 64 of the Maharashtra Value Added Tax Act, 2002 authorizes the Commissioner to

inspect and search the premises of the dealer/person who has evaded or is attempting to evade

the payment of tax. The section also authorizes seizure of the documents obtained during such

search operations.

The provisions of section 64 are not to harass anyone but to unearth the true and correct

information from the tax evaders.

Therefore, some guidelines are provided herewith in regard to rights and duties of the

dealer/person visited. Rights of the dealer/person visited:

1. To see warrant of search (assignment letter) duly signed and sealed by the issuing

authority.

2. To verify identity of each member of the search party.

3. To obtain copy of the list of books of accounts, documents, note-books, diaries or

any other paper seized by the party.

4. To put his/her own seal / signature on the list. If the dealer refuses to do so, the officer

should note this fact.

5. Women occupants of an apartment, which has to be searched, to have a right to

withdraw before the search party enters if, according to custom, they do not appear

in public.

6. To call medical practitioner if necessary.

7. To have children permitted to go to school after the examination of their bags.

8. To contact lawyer or C.A. or tax practitioner dealing with his/her tax matters to assist

him to explain the facts and materials to the members of the search party with

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intimation of the INV officer & only after completion of the search.

9. To continue his/her normal household and business activities with the knowledge of

the INV officer.

10. To receive message and send messages with knowledge of the INV officer.

11. To have any other person present during the raids & to leave only with the permission

of the INV officer and if necessary, after his/her physical search.

12. To seek entry of outsiders or family members of employee of the dealer, except that

of his/her medical practitioner and C.A./Lawyer, but at the discretion of the officer.

13. To offer prayers.

14. To report any indecent, inappropriate behavior of any member of the investigation

team to the concerned DC/JC.

The duties of the dealer:

The duties of the dealer during the searches are broadly defined U/s. 64(2), (3) and (4). They

can be summarized as under:-

1. To render all assistance to the raiding party and in no way, hamper the proceedings.

2. To see the assignment for search and put his/her signatures on the same.

3. To identify all receptacles in which cash, books of accounts or documents are kept

and handover the keys to the INV officer.

4. To identify and explain the ownership of cash, books of accounts, other documents

and papers.

5. Not to remove any cash, stock of goods, books of accounts, documents note-books,

without the knowledge and permission of the INV officer.

6. Allow the investigation officer to take inventory of cash & other articles and be

signed by the dealer or the authorized Person.

7. To identify every individual in the premises and to explain their relationship to the

person being searched.

8. Not to mislead by impersonation. If he cheats by pretending to be some other person

or knowingly substitutes one person for another, it is an offence punishable u/s. 416

of the Indian Penal Code.

9. Not to allow or encourage the entry of any unauthorized person into the premises.

10. Not to remove any article from its place without notice or knowledge of INV officer.

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11. Not to conceal or destroy any documents with the intention of preventing the same

from being produced or used as an evidence before the court or public servant. Such

act would be punished with imprisonment or fine or both in accordance with section

204 of the Indian Penal Code.

12. To answer all queries truthfully and to the best of his/her knowledge.

13. Not to allow any third party to either interfere or prompt, while his/her statement is

being recorded by the INV officer. In doing so, he should keep in mind that –

a. If he/she refuses to answer a question on a subject relevant to the search

operation, he/she shall be punishable with imprisonment or fine or both U/s.

179 of the Indian Penal Code.

b. Being legally bound by an oath or affirmation to state the truth, if he/she

makes a false statement, he/she shall be punishable by imprisonment or fine

or both u/s. 181 of the Indian Penal Code.

c. Similarly, if he/she provides evidence which is false and which he/she knows

or believes to be false, he/she is liable to be punished u/s. 191 of the Indian

Penal code.

14. Similar co-operation should be extended even after the search action is over, so as

to enable the INV officer to complete necessary follow-up investigation at the

earliest.

15. Co-operate with the investigation office for legitimate conclusion of investigation.

Similar Co-operation should be extended even after the search action is over, so as to enable

the INV officer to complete necessary follow-up investigation at the earliest.

This letter cannot be made use of for legal interpretation of provisions of law.

Yours faithfully,

Sd/-

(Dr Nitin Kareer)

Commissioner of Sales Tax

Maharashtra State, Mumbai.

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Format for Receipt Format No. 6 Office of the,

Asstt. Commissioner of Sales Tax_

INV_ ,

3rd Floor, Vikrikar Bhavan, Mazgaon,

Mumbai -400 010 Tel:

RECEIPT

The following books of accounts are received from Shri ____________________of M/s.

_______________________situated at____________________________

_____________________________________________holding TIN

No.__________________________.as they are handed over to me voluntarily for the purpose

of further scrutiny.

Item No. Description Period No. of books Address of place where the

books found

In all _________items, containing _______________ books

Place: Date: Assistant Commissioner of Sales Tax (INV- ),

Seal Investigation - (Place)

Copy to: Shri__________________________________________

Proprietor / Partner of M/s.______________________________

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Format for Seizure Order Format No. 7

SEIZURE ORDER

[U/S. 64 (3) and 64 (4) of The Maharashtra Value Added Tax Act, 2002]

(See Rule 69)

I, Mr.________________________ Assistant Commissioner of Sales Tax (INV-D-__),

Investigation Branch, (Place) visited on______ (date) ________ at (_time) the place of

business of Mr./Mrs./M/s_______________________ situated at(Place/s__________holding

TIN __________under MVAT Act, 2002 & TIN __________ under C.S. T. Act 1956.

Mr. __________________________________ Partner / Proprietor / .Director & the

Employee Mr. __________ was present at the time of my visit. The Search of the place of

business was taken in presence of him/her. On scrutiny of the books of accounts, Registers,

documents and papers found during the search, I have reason to believe that the dealer has evaded

the tax or attempted to evade the tax due to the Government of Maharashtra

Therefore, I ( name of the officer ) , Deputy/Assistant Commissioner of Sales Tax (INV-

--), Investigation, (Place), in exercise of the powers delegated to me u/s. 64(3) and 64(4) of

MVAT Act,2002 seize the following books of accounts for further scrutiny and verification.

Details of the same as under.

Item No. Description of the Books Period

Period To

No. of

books

Address of place where the

books found

From To

In all _________items, containing _______________ books

Place: Date: Assistant Commissioner of Sales Tax (INV- ),

Seal Investigation - (Place) Copy to: Shri__________________________________________

Proprietor / Partner of M/s.______________________________ Format for Visit Report

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Financial Year of Visit: 01-04-20 to 31-03-20

Ref. Assignment No. _______________________________Date

________________________________

INV. No.:________________________________________ Date

________________________________

1) Name of the dealer:

_________________________________________________________________

________________________________________________________________________________

_

2) Address: ______________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

3) TIN: _______________________________________ W.E.F. ____________________________

4) BST: _______________________________________ CST: _____________________________

PT: __________________________________________WCT:______________________________

LEASE:_______________________________________PAN:_______________________________

5) Date of visit:__________________________________ Time of Visit:________________________

6) Staff Present: a) Officers:_________________________________________________________

________________________________________________________________________________

b) STIs__________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

7) Nature of Business:______________________________________________________________

8) Commodity dealt in:_____________________________________________________________

9) Name of the Proprietor/Partners/Directors:____________________________________________

10) Person Present & his/her

designation:___________________________________________________

11) Name of the Bank:___________________________ Account No.__________________________

12) Return filed position:_____________________________________________________________

13) Return defaults if any (specify period):_______________________________________________

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14) Other dues outstanding if any:______________________________________________________

15) No. of books brought:____________________________________________________________

16) Purpose of Visit:________________________________________________________________

________________________________________________________________________________

17) Nature of Evasion/Modus Operandi:_________________________________________________

________________________________________________________________________________

________________________________________________________________________________

17) Discrepancies noticed in stock of goods:______________________________________________

________________________________________________________________________________

________________________________________________________________________________

18) Discrepancies noticed in cash:______________________________________________________

________________________________________________________________________________

19) Other discrepancy noticed:________________________________________________________

________________________________________________________________________________

20) Further actions proposed:__________________________________________________________

________________________________________________________________________________

21) Brief facts and other observations:

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

_________________________

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Format for Certificate while depositing books in Custody Format No. 8

C E R T I F I C A T E

It is to certify that on the following books of a/cs, registers and documents the

office seal is put up and they are initialed by (name of officer) and by (name of sales tax

inspector)

Signature of STI Signature of STI

Sr

No

Inside Front

Cover Page

First written

page

Middle

page

Last written

page

Inside last

Cover page

Total no.

of pages

1

2

3

(Tick marks put, indicate that entries are found proper)

Place:- Date: - (signature) Officer

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Format for Issue Note for retrieving books from Custody Format No. 9

ISSUE NOTE (in duplicate)

Serial No. of Note: ______________________

Ref No: _______________________________

INV/ CC/ RC No. :______________________

Date: _________________________________

To,

The Sales Tax Inspector, Custody Section, (Place) Please issue the following books of accounts to the Sales Tax Inspector

Mr./Mrs._____________________________________.

(1) Names and Address of the dealer with TIN & INV No. :

___________________________________________

__________________________

(2) Total No. of Books (Including Items):____________________________.

Assistant Commissioner of Sales Tax (I- ),

Investigation- (Place).

Received______________________________ books only. Signature of STI_______________________. Dated: _______________.

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Format for Issue Note for returning books to dealer from Custody Format No.10

Issue Note for Returning the Books to the dealer

(in duplicate)

Serial No. of Note: ______________________

Ref No: _______________________________

INV/ CC/ RC No. :______________________

Date: _________________________________ Please return the following books of accounts to Shri ________________

Proprietor/ Partner/ Employee/ Accountant of M/s._______________________________ ________________________________________________________________________

The Joint Commissioner of Sales Tax, ___________ has approved the return of the books on

_____-2013 at page no. ____ of the INV file in Part-A bearing File No. _____.

(1) Names and Address of the dealer with TIN & INV No. :

___________________________________________ ____________________________ 2) Total No. of Books (Including Items):____________________________. Assistant Commissioner of Sales Tax (I- ),

Investigation- (Pace)

Deputy Commissioner of Sales Tax (I- )

Investigation- (Pace)

To

The Sales Tax Inspector,

Custody Section, (Place)

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Format for Issue Note for transferring books from one officer to other Format No.11

Issue Note to transfer the Books of A/cs from one officer to the other

Serial No. of Note: ______________________

Ref No: _______________________________

INV/ CC/ RC No. :______________________

Date: _________________________________

To,

The Sales Tax Inspector, Custody Section, (Place) Please issue the following books of accounts deposited by the undersigned office to the Sales

Tax Inspector of AC_INV_ .

The Joint Commissioner of Sales Tax, ___________ has approved the return of the books on

_____-2013 at page no. ____ of the INV file in Part-A bearing File No. _____.

Mr./Mrs._____________________________________.

(1) Names and Address of the dealer with TIN & INV No.:

___________________________________________

____________________________

(2) Total No. of Books (Including Items):____________________________.

Assistant Commissioner of Sales Tax (I- ),

Investigation- (Place). Received______________________________ books only.

Signature of STI_______________________.

Dated: _______________.

Page 82: Investigation Manual

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CHAPTER-VI

Page 83: Investigation Manual

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CONTROL REGISTERS AND OTHER FORMATS FOR THE INVESTIGATION

BRANCH

In order to have comprehensive compilation of the progress & pendency of the work and

supervision of an INV officer, the following Control Registers are prescribed which need to be

maintained.

The details of these are as given in the table below.

Sr

No.

Register

No. Purpose To be maintained by

1 1 Register of Visits proposals &

Sanctioned

AC Office

2 2 Register of Visits proposals &

sanctioned

JC & DC Office

3 3 Assignment Register JC_VAT_Adm if INV officer is working

under him directly / DC_INV as per FY

4 4 Investigation Register JC_INV & JC_VAT_Adm Offices as

per FY

5 5 (A) Register of Summons AC_INV Office as per FY

6 5 (B) Register of Form N0. 603 AC_INV Office as per FY

7 5 (C) Register of Cross- Check AC_INV Office as per FY

8 6 PROSECUTION REGISTER Every INV officer who undertakes Visit

either AC or DC as per FY

9 7

Register of Retention of Books

Every INV officer who undertakes Visit

either AC or DC as per FY. Month wise

& Date wise Index of dealers should be

maintained so that extension orders

should be passed before expiry date of

Page 84: Investigation Manual

84 | P a g e

Sr

No.

Register

No. Purpose To be maintained by

earlier order. Necessary proposal for

extension orders should be sent to JC in

time

10 18 Complaint Register JC_INV & JC_VAT_Adm

11 9 Reward Register JC_INV & JC_VAT_Adm

12 10 (A) Register of Notice of Provisional

Attachment u/s 35

JC_INV & JC_VAT_Adm

13 10(B) Register of Notice of Provisional

Attachment u/s 38

JC_INV & JC_VAT_Adm

14 11 Register of the books collected/seized

by Investigation Branch

Office of INV Officer

15 12 Register for assessments in INV

Branch

Custody & AC_INV

16 13 Register of unofficial references JC / DC/ AC

17 14 (A) Register for movement of INV files JC / DC/ AC

18 14 (B) Register for movement of files other

than INV files

JC / DC/ AC

19 15 Register for payments made as a result

of INV officers’ actions viz. Scroll

AC_INV

20 16 Installment Register JC office DC & AC

21 17 Inspection Register JC office & DC

22 18 Custody Register Custody in charge in JC office for each

AC_INV

Index of Register no. 18

Abstract of each officer month wise in

Register No. 18

Page 85: Investigation Manual

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ANNEXURE for REGISTER formats

Page 86: Investigation Manual

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REGISTER OF VISITS PROPOSALS & SANCTIONED - REGISTER NO. INV -1

Sr

No TIN

Name

of

dealer

Category

(suppression/miscla

ssification/ hawala

/beneficiary)

Refere

nce

from

/by

Date of

submission

Sanctioned/rejecte

d/pending for

additional

information

Date of

approval /

rejection /

rework

Assignment

Register

No.

Date of

Visit (in

case of

sanctioned

cases)

Remark

REGISTER OF VISITS PROPOSALS & SANCTIONED - REGISTER NO INV – 2

Sr

No TIN

Name of

dealer

Category

(suppression/misclassifi

cation/ hawala

/beneficiary etc)

Referen

ce from

/by

Receive

d From

Date of

receipt

Sanctioned/rejecte

d/pending for

additional

information /

rework

Date of

approval /

Rejection /

Rework

Date of Visit

(in case of

sanctioned

cases)

Page 87: Investigation Manual

87 | P a g e

ASSIGNMENT REGISTER – REGISTER NO. INV - 3

INVESTIGATION REGISTER – REGISTER NO. INV - 4

INV

No. Date

TIN

Dealer’s

Name

Address

visited

Name & Designation of

Investigation Officer

No.& Designation of

Supervisory officer

Date of

visit

Date of

concluding

of Visit

No. of

books

brough

t

Closure of

INV Remarks

1 2 3 4 5 6 7 8 9 10 11 12

Sr.

No. Assignment

Visit Sanction

Register TIN Address

Officers assigned for

Investigation

Signature of

AC_INV

Visit

Date

Visit

Time Remarks

No. Date No Date DESK Main/Co-INV

Officer

1 2 3 4 5 6 7 8 9 10 11 12 13

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REGISTER OF SUMMONS - REGISTER NO. INV – 5 (A)

REGISTER OF FORM N0.603 - REGISTER NO. INV-5 (B)

Sr

No

Reference /

INV No.

Date of

Receipt of

Reference

Name &

Designation,

from whom

the reference

is received

Reason

for

starting

action

Date of

issue of

summons

Name of

the

person/

dealer &

TIN.

Address

of

the

person /

dealer

Perio

d

Date of

calling

Person /

dealer

Result of

action in

brief

Date

of

closur

e of

action

Signatu

re of

officer

Remarks

1 2 3 4 5 6 7 8 9 10 11 12 13 14

Sr

No

Reference /

INV No.

Date of

Receipt of

Reference

Name &

Designatio

n, from

whom the

reference

is received

Reason

for

starting

action

Date of

issue F-

603

Name

of the

person/

dealer

&

RC No.

Addres

s of

the

person /

dealer

Peri

od

Date of

calling

Person /

dealer

Result

of

action

in brief

Date of

closure

of

action

Amount

Signatu

re of

officer

Remark

1 2 3 4 5 6 7 8 9 10 11 12(a) 12(b) 13 14

Page 89: Investigation Manual

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REGISTER OF CROSS- CHECK REGISTER NO. INV-5 (C)

PROSECUTION REGISTER- REGISTER No. INV-6

Sr

No TIN

Name of

the

dealer

INV

No

Prosecution

Complaint

Letter No

Date Police

Station

Accused

persons &

firms/Co

mpanies

Offences

u/s

Facts

in

brief

FIR

No

with

date

Details of composition if

offence is compounded

Court

Case No

& Court

No

Remark

Order No

& Date

Amount paid,

date, Bank &

Branch

1 2 3 4 5 6 7 8 9 10 11 12 13 14 16

Sr

No

Reference

Received

&

Concerned

INV No.

Date of

Receipt of

Reference

Full Name &

Designation,

from whom

the reference

is received

Reason

for

starting

action

Date of

Issue of

Cross

check

Name of

the person/

dealer &

RC No.

Address

of

the

person /

dealer

Peri

od

Date of

calling

Person /

dealer

Result

of

action

in brief

Date of

closure

of

action

Signat

ure of

officer

Remark

s

1 2 3 4 5 6 7 8 9 10 11 12 13 14

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REGISTER OF RETENTION OF BOOKS – REGISTER NO. INV- 7

(To be maintained by every INV officer who undertakes Visit either AC or DC as per FY. Month wise & Date wise Index of dealers should be maintained

so that extension orders should be passed before expiry date of earlier order. Necessary proposal for extension orders should be sent to JC in time).

Sr

No

INV No

& Date

TIN Name Date of

Visit

No. & Date of order for

retention of Books

Date of expiry

of order

No. & Date of

extension order

Date of expiry of

extension

Remark

1 2 3 4 5 6 7 8 9 10

COMPLAINT REGISTER- REGISTER NO INV-8

Sr.

No.

Date of

receipt of

Complaint

Name

of

Complainant

Source of

complaint-

Informant/writt

en/other-wise

Nature of

Complaint

(Brief

Summery)

TIN

Name

of the

Dealer

Address

Actions/Proced

ure adopted for

disposal of

Complaint

Date of

disposal of

complaint Remark

1 2 3 4 5 6 7 8 9 10

Page 91: Investigation Manual

91 | P a g e

REWARD REGISTER- REGISTER NO. INV- 9

Sr

No

Source of

complaint

& name of

the person

TIN Name of

dealer

INV

No. &

Date

Sr No of

complaint

Register of

JC office

Revenue

evaded

reported by

Complainant

Revenue

detected &

demand

raised after

INV action

Revenue

realized in

Treasury

Date of

proposal

for Reward

Amount

of

Reward

propose

d

1 2 3 4 5 6 7 8 9 10 11

Reward

Order No.

Date of

Reward

Order

Type of

Reward

(Interim /

final)

Amoun

t of

Reward

paid

Bill No of

Reward

amount

reimbursed

Date of Bill

Reward

handed over

to

Signature of the

Complainant /

receiver of

Reward

Remark

s

12 13 14 15 16 17 18 19 20

REGISTER OF NOTICE OF PROVISIONAL ATTACHMENT U/S 35 REGISTER NO. INV-10 (A)

AC

INV

INV

No.

TIN Name

No. &

Date of

Order u/s

35 (1)

Date up

to Which

order

effective

No. & Date

of extension

order u/s

35(2)

Date up to

which order

is extended

Names of the

debtors / banks &

branch to which

order is issued

Appeal filed

and result

thereof if any

Remar

ks

1 2 3 4 5 6 7 8 9 10 11

Page 92: Investigation Manual

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REGISTER OF NOTICE OF PROVISIONAL ATTACHMENT U/S 38 REGISTER NO. INV-10(B)

AC

INV

INV

No.

TIN Name No. & Date

of notice u/s

38

Date up to which

order effective

Names of the debtors / banks

& branch to which order is

issued

Appeal filed and

result thereof if

any

Remarks

1 2 3 4 5 6 9 10 11

REGISTER OF THE BOOKS COLLECTED/SEIZED BY INVESTIGATION BRANCH REGISTER NO. INV-11

Date & signature of inspector, after

books received back from the officer

Date of destruction

of books

Signature of

Inspector & Date

Signature of

the AC & Date

Rem

arks

Sr No of

the book

No of Pages

book

FY of the

books

Rem

ark

11 12 13 14 15 16 17 18 19

Sr.

No

Name

address &

Registration

No. of the

Dealer

If books are brought from

person other than Dealer (Full

Name, Name of Business,

address, Registration No., other

reference of the same)

Name &

Designation on

of the officer

Who collected

/seized books.

Date

of

visit

INV No.

/ TIN/

other

reference

Date of

receipt

of

seized

books

No. of

books,

name,

pages,

year etc.

Date &

Signature of

the Officer

taking back

the books.

No. & Date

of

Retention

Order of JC

to keep The

books.

1 2 3 4 5 6 7 8 9 10

Page 93: Investigation Manual

93 | P a g e

REGISTER FOR ASSESSMENTS IN INV BRANCH REGISTER NO. INV-12

Additional Demand as

per AO (Tax; Interest;

Penalty & Total)

Refund

as per

AO

Recovery /Payment

details (Chalan No.

& date)

Reduction of

dues by other

reasons

Additional Demand over

& above AO dues (Post

Assessment Penalty)

Recovery

Transfer Cross

entry

Remark (details

of Stay orders &

its particulars)

12 13 14 15 16 17 18

REGISTER OF UNOFFICIAL REFERENCES - REGISTER NO. INV-13

Sr.

No.

INV

No.

TIN Name Section of

assessment /

notice

Period of

assessment

(From – To)

Date of

assessment

order / notice

Date of service

of assessment

order

Due date

of

Recovery

GTO of

Sales as

per AO

Payment of

Taxes as per F-

704 / Returns

1 2 3 4 5 6 7 8 9 10 11

Sr.

No.

Referen

ce No.

Referenc

e

received

from

Concerne

d INV.

No.

Date of

receipt of

Reference

TIN Name

Brief subject of

reference/file

(INV/complaint/G

ovt. reference etc.)

UOR No. & date of

entry in Register

from whose office it

is received

Date of

Sending the

reference

back

Remar

ks

1 2 3 4 5 6 7 8 9 10 11

Page 94: Investigation Manual

94 | P a g e

REGISTER FOR MOVEMENT OF INV FILES - REGISTER NO. INV-14 (A)

REGISTER FOR MOVEMENT OF FILES OTHER THAN INV FILES - REGISTER NO. INV-14 (B)

Sr.

No.

TIN Name Concerned

INV. No.

File

receive

d from

Date of

receipt of

the file

Brief subject of file

(viz. RC record/AO

file/Advisory record)

File sent

back to

DESK

Date of

sending the

file

Covering

letter No. (or

signature of

the recipient

staff member)

Remark

1 2 3 4 5 6 7 8 9 10 11

Sr.

No.

TIN Name Concerned

INV. No.

File

receive

d from

Date of

receipt of

the file

Brief subject of file

(viz. RC record/AO

file/Advisory

record)

File sent

back to

DESK

Date of

sending the

file

Covering letter

No. ( or signature

of the recipient

staff member )

Remarks

1 2 3 4 5 6 7 8 9 10 11

Page 95: Investigation Manual

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REGISTER FOR PAYMENTS MADE DUE TO INV OFFICERS’ ACTIONS VIZ. SCROLL - REGISTER NO. INV- 15

INSTALMENT REGISTER - REGISTER NO. INV-16

Sr.

No. TIN

Name of

the dealer

INV

No

FY

Total

outstanding

Dues

No. of

Install

ments

Amount as

per

Installment

Due

on

Installment

amount paid

Date of

payment

Details of

Chalan as in

MAHAVIKAS

Cross

entry in

DBA

Remarks

Date Amount

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

Sr.

No.

INV

No.

TIN Name

Period

Recover

y (Old /

New)

Tax Interest Penalty Total Form

Type

Details of

Chalan as in

MAHAVIKAS

Cross

entry

No. in

DBA

Signat

ure of

officer

Rem

arks

From To Date Amount

1 2 3 4 5 6 7 8 9 10 11 12(a) 12(b) 13 14 15

Page 96: Investigation Manual

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INSPECTION REGISTER - REGISTER NO. INV-17

Sr.

No.

Date of

inspection

Type of

Inspection

Inspection

memo No

Memo issue

date

Compliance

Report No

Date of

Compliance

Date of

Closure

Remarks

1 2 3 4 5 6 7 8 9

CUSTODY REGISTER - REGISTER NO. INV-18

Sr.

No.

AC

INV

INV

No.

Date of

Visit

Date of

submission

of books /

items

TIN Name of

dealer

No of books /

items deposited

Brief Description

of items/books

Category of

books brought

(seized

/voluntarily)

Cross

entry of

Register

No. 11

Remarks

1 2 3 4 5 6 7 8 9 10 11 12

INDEX OF REGISTER NO. 18

Sr.

No. TIN Name of dealer Folio No / page No.

No. of books / items deposited Remarks

1 2 3 4 5 6

Page 97: Investigation Manual

97 | P a g e

ABSTRACT OF EACH OFFICER MONTH WISE IN REGISTER NO. 18

Sr.

No.

AC INV

Opening Balance at

the beginning of the

month

Addition

during the

month

Total

Less books / items

returned during the

month

Less books / items

destroyed

Closing balance at the

end of the month

1 2 3 4 5 6 7 8

.

Page 98: Investigation Manual

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