Manish Maheshwari v. ACIT

289 ITR 341Supreme Court of India2007#369 most cited

What is Manish Maheshwari v. ACIT authority for?

A block assessment proceeding under section 158BD is illegal if the procedure laid down in section 153C is not followed. The provisions of section 153C are similar to section 158BD in block assessment proceedings.

237

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2008 to 2026.

Also referred to as

Manish Maheshwari v. ACIT · section 153C · section 158BD · block assessment · satisfaction note · assumption of jurisdiction · search · documents seized · illegal assessment

Sections most often in play

Section 1961Section 153ASection 153CSection 132Section 143(3)Section 147Section 148Section 158BD
Read the full judgment

Issues it is cited on

section 158bdjdasection 158bcsection 153c(1)survey under section 133asatisfaction notedocuments seizedsection 158bsection 149date of transfersection 158rule of consistency

Judgments citing Manish Maheshwari v. ACIT

Kamakshi Hospitality Pvt. Ltd., Jaipur vs. DCIT, Jaipur

In the result, the appeal filed by the assessee is partly allowed

ITA 481/JPR/2016[2010-11]Status: DisposedITAT Jaipur15 Dec 2017AY 2010-11
For Appellant: Shri Rajeev Sogani, CAFor Respondent: Shri R.A. Verma, Addl. CIT - DR &
Section 132Section 153ASection 69

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES , JAIPUR Jh HkkxpUn] ys[kk lnL; ,o Jh dqy Hkkjr] U;kf;d lnL; ds le{k BEFORE: SHRI BHAGCHAND, AM & SHRI KUL BHARAT, JM vk;dj vihy la-@ITA No. 481/JP/2016 fu/kZkj.k o"kZ@Assessment Year: 2010-11 cuke M/s. Kamakshi Hospitality Pvt. Ltd The DCIT Vs. A-3, Moti Lal Atal Road, Jaipur Central Circle – 1, Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AGBPS 3591 D vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by: Shri Rajeev Sogani, CA jktLo dh vksj ls@ Revenue by:Shri R.A. Verma, Addl. CIT - D…

Shri N Suryanarayana, Challakere vs. The Deputy Commissioner of Income Tax, Central Circle 1(2), Bangalore

In the result, the appeal filed by the assessee for Assessment Year 2011-12 is partly allowed

ITA 1709/BANG/2017[2011 - 12]Status: DisposedITAT Bangalore01 Dec 2017

Bench: Shri Arun Kumar Garodia

For Appellant: Shri Lokesh Jain, CAFor Respondent: Shri Palani Kumar, Addl. CIT (DR)
Section 132Section 139Section 147Section 148Section 149Section 151Section 153Section 153ASection 153C

…not been followed by the A.O. and, therefore, assessment has become invalid. We also observe that the CIT(A) was justified in following the ratio laid down by the Hon'ble Supreme Court in the case of Manish Maheshwari Vs. ACIT and another, reported in (2007) 289 ITR 341, wherein it has been held that if the procedure laid down in section 158BD is not followed, block assessment proceedings would be illegal. The CIT (A) has correctly observed that the provisions of section 153C are exactly similar to the provisions of section 158BD of the Act in block assessment proceedings. Thus, considering the entire facts and…

Shri N Suryanarayana, Chalakere vs. The Deputy Commissioner of Income Tax, Central Circle 1(2), Bangalore

In the result, the appeal filed by the assessee for Assessment Year 2011-12 is partly allowed

ITA 1708/BANG/2017[2010 - 11]Status: DisposedITAT Bangalore01 Dec 2017

Bench: Shri Arun Kumar Garodia

For Appellant: Shri Lokesh Jain, CAFor Respondent: Shri Palani Kumar, Addl. CIT (DR)
Section 132Section 139Section 147Section 148Section 149Section 151Section 153Section 153ASection 153C

…not been followed by the A.O. and, therefore, assessment has become invalid. We also observe that the CIT(A) was justified in following the ratio laid down by the Hon'ble Supreme Court in the case of Manish Maheshwari Vs. ACIT and another, reported in (2007) 289 ITR 341, wherein it has been held that if the procedure laid down in section 158BD is not followed, block assessment proceedings would be illegal. The CIT (A) has correctly observed that the provisions of section 153C are exactly similar to the provisions of section 158BD of the Act in block assessment proceedings. Thus, considering the entire facts and…

Smt.Bhagya Nagaraj, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, the appeals filed by the assessee are allowed

ITA 95/BANG/2017[2007-08]Status: DisposedITAT Bangalore25 Oct 2017AY 2007-08

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri M.V.Seshachala, Sr. Advocate &For Respondent: Shri Sunil Kumar Agarwal, Addl.CIT(DR)
Section 132Section 143(3)Section 147Section 148Section 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, BENGALURU BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER and SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA Nos.93 to 96/Bang/2017 (Assessment years: 2005-06 to 2008-09) Smt.Bhagya Nagaraj, No.6 & 7, 5th Cross, Chunchaghatta Main Road, New Bank Colony, Konanakunta, Bengaluru-560062. … Appellant PAN:ACDPN 3764 B Vs. Deputy Commissioner of Income-tax, Central Circle 2(2), Bengaluru. … Respondent Appellant by : Shri M.V.Seshachala, Sr. Advocate & Shri Arvind V.Chavan, Advocate. Respondent by : Shri Sunil Kumar Agarwal, Addl.CIT(DR) Date of hearing : 19/09/2017 Date of…

Smt.Bhagya Nagaraj, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, the appeals filed by the assessee are allowed

ITA 94/BANG/2017[2005-2006]Status: DisposedITAT Bangalore25 Oct 2017AY 2005-2006

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri M.V.Seshachala, Sr. Advocate &For Respondent: Shri Sunil Kumar Agarwal, Addl.CIT(DR)
Section 132Section 143(3)Section 147Section 148Section 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, BENGALURU BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER and SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA Nos.93 to 96/Bang/2017 (Assessment years: 2005-06 to 2008-09) Smt.Bhagya Nagaraj, No.6 & 7, 5th Cross, Chunchaghatta Main Road, New Bank Colony, Konanakunta, Bengaluru-560062. … Appellant PAN:ACDPN 3764 B Vs. Deputy Commissioner of Income-tax, Central Circle 2(2), Bengaluru. … Respondent Appellant by : Shri M.V.Seshachala, Sr. Advocate & Shri Arvind V.Chavan, Advocate. Respondent by : Shri Sunil Kumar Agarwal, Addl.CIT(DR) Date of hearing : 19/09/2017 Date of…

Smt.Bhagya Nagaraj, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, the appeals filed by the assessee are allowed

ITA 93/BANG/2017[2005-2006]Status: DisposedITAT Bangalore25 Oct 2017AY 2005-2006

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri M.V.Seshachala, Sr. Advocate &For Respondent: Shri Sunil Kumar Agarwal, Addl.CIT(DR)
Section 132Section 143(3)Section 147Section 148Section 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, BENGALURU BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER and SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA Nos.93 to 96/Bang/2017 (Assessment years: 2005-06 to 2008-09) Smt.Bhagya Nagaraj, No.6 & 7, 5th Cross, Chunchaghatta Main Road, New Bank Colony, Konanakunta, Bengaluru-560062. … Appellant PAN:ACDPN 3764 B Vs. Deputy Commissioner of Income-tax, Central Circle 2(2), Bengaluru. … Respondent Appellant by : Shri M.V.Seshachala, Sr. Advocate & Shri Arvind V.Chavan, Advocate. Respondent by : Shri Sunil Kumar Agarwal, Addl.CIT(DR) Date of hearing : 19/09/2017 Date of…

M/S. Chitrakoot Merchandise Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, both the Appeals filed by the Assessee stand allowed

ITA 6802/DEL/2013[2004-05]Status: DisposedITAT Delhi31 May 2017AY 2004-05

Bench: Shri H.S. Sidhu & Shri O.P. Kant

For Appellant: Sh. Sudesh Garg, AdvFor Respondent: Sh. Naveen Chandra, CIT(DR)
Section 127Section 132Section 139Section 143(2)Section 144Section 153CSection 68

…h. Decisions in favour of Revenue of ITAT 1. Apoorva Extrusion Pvt. Ltd. - ITA No. 3308/Del/201 O(Delhi A-Bench) dated 09.10.2014 (Para 9 & 12) 5. Other important Revenue's Submission • Decision of Hon'ble Supreme Court in the case of Manish Maheshwari 289 ITR 34 relates to 158 BC proceedings and this case has already been considered and distinguished by Hon'ble High Courts in the case of Panchajanyam Management Agencies and Services (Kerala HC) 333 ITR 289, Gopal Lal Bhadruka ( Andhra 35 Pradesh HC) 346 ITR 106, Dr. K. M. Mehboob (Kerala HC) 211 Taxman 52, Panchuram Deshmukh 133 TT J 53 (Bilaspur IT…

M/S. Chitrakoot Merchandise Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, both the Appeals filed by the Assessee stand allowed

ITA 6801/DEL/2013[2003-04]Status: DisposedITAT Delhi31 May 2017AY 2003-04

Bench: Shri H.S. Sidhu & Shri O.P. Kant

For Appellant: Sh. Sudesh Garg, AdvFor Respondent: Sh. Naveen Chandra, CIT(DR)
Section 127Section 132Section 139Section 143(2)Section 144Section 153CSection 68

…h. Decisions in favour of Revenue of ITAT 1. Apoorva Extrusion Pvt. Ltd. - ITA No. 3308/Del/201 O(Delhi A-Bench) dated 09.10.2014 (Para 9 & 12) 5. Other important Revenue's Submission • Decision of Hon'ble Supreme Court in the case of Manish Maheshwari 289 ITR 34 relates to 158 BC proceedings and this case has already been considered and distinguished by Hon'ble High Courts in the case of Panchajanyam Management Agencies and Services (Kerala HC) 333 ITR 289, Gopal Lal Bhadruka ( Andhra 35 Pradesh HC) 346 ITR 106, Dr. K. M. Mehboob (Kerala HC) 211 Taxman 52, Panchuram Deshmukh 133 TT J 53 (Bilaspur IT…

ACIT, New Delhi vs. M/S. Jmsw Infracon Pvt. Ltd., New Delhi

In the result, the cross objection of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 1079/DEL/2012[2008-09]Status: DisposedITAT Delhi31 May 2017AY 2008-09

Bench: Sh. Sidhu & Sh. O.P. Kant

…2016) 380 ITR 612 (Delhi) 3. Pr.CIT Vs. Aakash Arogya Mandir Private Limited in ITA No. 509/2015, Delhi High Court 15.3 Reliance has been also placed on the ratio of the following decisions of the Hon’ble Supreme Court: 1. Manish Maheshwari Vs. ACIT (2007) 289 ITR 341 (SC) 2. CIT Vs. Calcutta Knitwears (2014) 362 ITR 673 (SC) 16. As regard to the issue that the Assessing Officer has not applied mind while recording the satisfaction, in the written submission, it is submitted as under: “It is humbly submitted that Assessing Officer has to apply his mind as to whether the assets and documents received from the…

ACIT, New Delhi vs. M/S. Jmsw Infracon Pvt. Ltd., New Delhi

In the result, the cross objection of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 1074/DEL/2012[2003-04]Status: DisposedITAT Delhi31 May 2017AY 2003-04

Bench: Sh. Sidhu & Sh. O.P. Kant

…2016) 380 ITR 612 (Delhi) 3. Pr.CIT Vs. Aakash Arogya Mandir Private Limited in ITA No. 509/2015, Delhi High Court 15.3 Reliance has been also placed on the ratio of the following decisions of the Hon’ble Supreme Court: 1. Manish Maheshwari Vs. ACIT (2007) 289 ITR 341 (SC) 2. CIT Vs. Calcutta Knitwears (2014) 362 ITR 673 (SC) 16. As regard to the issue that the Assessing Officer has not applied mind while recording the satisfaction, in the written submission, it is submitted as under: “It is humbly submitted that Assessing Officer has to apply his mind as to whether the assets and documents received from the…

ACIT, New Delhi vs. M/S. Victory Accommodations Pvt. Ltd., New Delhi

In the result, the appeals of the assessees are allowed and that of the department are dismissed

ITA 6240/DEL/2014[2010-11]Status: DisposedITAT Delhi19 May 2017AY 2010-11

Bench: Shri H.S. Sidhu, Jm & Shri O.P. Kant, Am

For Appellant: Sh. Rano Jain, Adv., & Sh. Ashish Goyal, CAFor Respondent: Sh. Naveen Chandra, CIT (DR)
Section 132Section 143(2)Section 143(3)Section 153CSection 68

…ur side. It is pertinent to mention that the AO is same in these cases, so there is no need of communication of satisfaction. We are aware of the ratio of the Hon'ble Supreme Court in the case of Manish Maheshwari v. Asstt. CIT [2007J 208 CTR (SC) 27: [2007J 289 ITR 341 (SC) wherein it has been held that the AO has to record his satisfaction that any undisclosed income belongs to third party and handover the books of accounts and other documents and assets seized to AO having jurisdiction against the said third person. This ratio is not a liable when 'jurisdiction of both assessees vests in same AO. In cas…

ACIT, New Delhi vs. M/S. Victory Accommodations Pvt. Ltd., New Delhi

In the result, the appeals of the assessees are allowed and that of the department are dismissed

ITA 6239/DEL/2014[2009-10]Status: DisposedITAT Delhi19 May 2017AY 2009-10

Bench: Shri H.S. Sidhu, Jm & Shri O.P. Kant, Am

For Appellant: Sh. Rano Jain, Adv., & Sh. Ashish Goyal, CAFor Respondent: Sh. Naveen Chandra, CIT (DR)
Section 132Section 143(2)Section 143(3)Section 153CSection 68

…ur side. It is pertinent to mention that the AO is same in these cases, so there is no need of communication of satisfaction. We are aware of the ratio of the Hon'ble Supreme Court in the case of Manish Maheshwari v. Asstt. CIT [2007J 208 CTR (SC) 27: [2007J 289 ITR 341 (SC) wherein it has been held that the AO has to record his satisfaction that any undisclosed income belongs to third party and handover the books of accounts and other documents and assets seized to AO having jurisdiction against the said third person. This ratio is not a liable when 'jurisdiction of both assessees vests in same AO. In cas…

Victory Accomodations Pvt. Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessees are allowed and that of the department are dismissed

ITA 6217/DEL/2014[2010-11]Status: DisposedITAT Delhi19 May 2017AY 2010-11

Bench: Shri H.S. Sidhu, Jm & Shri O.P. Kant, Am

For Appellant: Sh. Rano Jain, Adv., & Sh. Ashish Goyal, CAFor Respondent: Sh. Naveen Chandra, CIT (DR)
Section 132Section 143(2)Section 143(3)Section 153CSection 68

…ur side. It is pertinent to mention that the AO is same in these cases, so there is no need of communication of satisfaction. We are aware of the ratio of the Hon'ble Supreme Court in the case of Manish Maheshwari v. Asstt. CIT [2007J 208 CTR (SC) 27: [2007J 289 ITR 341 (SC) wherein it has been held that the AO has to record his satisfaction that any undisclosed income belongs to third party and handover the books of accounts and other documents and assets seized to AO having jurisdiction against the said third person. This ratio is not a liable when 'jurisdiction of both assessees vests in same AO. In cas…

Victory Accomodations Pvt. Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessees are allowed and that of the department are dismissed

ITA 6216/DEL/2014[2009-10]Status: DisposedITAT Delhi19 May 2017AY 2009-10

Bench: Shri H.S. Sidhu, Jm & Shri O.P. Kant, Am

For Appellant: Sh. Rano Jain, Adv., & Sh. Ashish Goyal, CAFor Respondent: Sh. Naveen Chandra, CIT (DR)
Section 132Section 143(2)Section 143(3)Section 153CSection 68

…ur side. It is pertinent to mention that the AO is same in these cases, so there is no need of communication of satisfaction. We are aware of the ratio of the Hon'ble Supreme Court in the case of Manish Maheshwari v. Asstt. CIT [2007J 208 CTR (SC) 27: [2007J 289 ITR 341 (SC) wherein it has been held that the AO has to record his satisfaction that any undisclosed income belongs to third party and handover the books of accounts and other documents and assets seized to AO having jurisdiction against the said third person. This ratio is not a liable when 'jurisdiction of both assessees vests in same AO. In cas…

Asst.C.I.T., Mangalore vs. Dr. Yusuf Kumble, Mangalore

In the result, the appeals filed by the revenue are dismissed

ITA 1379/BANG/2015[2010-11]Status: DisposedITAT Bangalore03 May 2017AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri R.S. Siddappaji, Addl. CIT(DR)
Section 47

…an inference of undisclosed income is a sine qua non for invocation of Section 153C of the Act. 51. Before considering the decisions cited at the Bar, it is necessary to refer to a decision of the Hon'ble Supreme Court in Manish Maheshwari v. Asst. CIT [2007] 289 ITR 341/158 Taxman 258. In that case, search was conducted on one of the directors of the assessee-company M/s. Indore Construction (Pvt.) Ltd. When the search was conducted in the premises of the director Sri. Manish Maheshwari and his wife several incriminating documents relating to the company were seized. While dealing with Section 158BD of the Act,…

Asst.C.I.T., Mangalore vs. Dr. Yusuf Kumble, Mangalore

In the result, the appeals filed by the revenue are dismissed

ITA 1378/BANG/2015[2009-10]Status: DisposedITAT Bangalore03 May 2017AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri R.S. Siddappaji, Addl. CIT(DR)
Section 47

…an inference of undisclosed income is a sine qua non for invocation of Section 153C of the Act. 51. Before considering the decisions cited at the Bar, it is necessary to refer to a decision of the Hon'ble Supreme Court in Manish Maheshwari v. Asst. CIT [2007] 289 ITR 341/158 Taxman 258. In that case, search was conducted on one of the directors of the assessee-company M/s. Indore Construction (Pvt.) Ltd. When the search was conducted in the premises of the director Sri. Manish Maheshwari and his wife several incriminating documents relating to the company were seized. While dealing with Section 158BD of the Act,…

Asst.C.I.T., Mangalore vs. Dr. Ali Kumble, Mangalore

In the result, the appeals filed by the revenue are dismissed

ITA 1377/BANG/2015[2010-11]Status: DisposedITAT Bangalore03 May 2017AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri R.S. Siddappaji, Addl. CIT(DR)
Section 47

…an inference of undisclosed income is a sine qua non for invocation of Section 153C of the Act. 51. Before considering the decisions cited at the Bar, it is necessary to refer to a decision of the Hon'ble Supreme Court in Manish Maheshwari v. Asst. CIT [2007] 289 ITR 341/158 Taxman 258. In that case, search was conducted on one of the directors of the assessee-company M/s. Indore Construction (Pvt.) Ltd. When the search was conducted in the premises of the director Sri. Manish Maheshwari and his wife several incriminating documents relating to the company were seized. While dealing with Section 158BD of the Act,…

Asst.C.I.T., Mangalore vs. Dr. Ali Kumble, Mangalore

In the result, the appeals filed by the revenue are dismissed

ITA 1376/BANG/2015[2009-10]Status: DisposedITAT Bangalore03 May 2017AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri R.S. Siddappaji, Addl. CIT(DR)
Section 47

…an inference of undisclosed income is a sine qua non for invocation of Section 153C of the Act. 51. Before considering the decisions cited at the Bar, it is necessary to refer to a decision of the Hon'ble Supreme Court in Manish Maheshwari v. Asst. CIT [2007] 289 ITR 341/158 Taxman 258. In that case, search was conducted on one of the directors of the assessee-company M/s. Indore Construction (Pvt.) Ltd. When the search was conducted in the premises of the director Sri. Manish Maheshwari and his wife several incriminating documents relating to the company were seized. While dealing with Section 158BD of the Act,…

ACIT, New Delhi vs. M/S. Victory Township Pvt. Ltd., New Delhi

In the result, the appeals of the assessees are allowed and that of the department are dismissed

ITA 6235/DEL/2014[2008-09]Status: DisposedITAT Delhi24 Mar 2017AY 2008-09

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita Nos. 6208 & 6209/Del/2014 : Asstt. Years : 2009-10 & 2010-11 Victory Dwellings Pvt. Ltd., Vs Acit, 208, Gupta Tower, Azadpur Central Circle-09, Commercial Complex, Azadpur, New Delhi New Delhi-110033 (Appellant) (Respondent)

Section 68

…nitiating action u/s 153C of the IT Act, 1961. This interpretation of section 153C is supported by the decision of ITA Nos. 6208 to 6213 /Del/2014 Townsip & Accommodations Pvt. Ltd. Hon'ble Apex Court in the case of Manish Maheswari vs. ACIT & another (2007) 289 ITR 341 (SC) where the Lordships at page 348 held as under: "The condition precedent for invoking a block assessment is that a search has been conducted under section 132, or documents or assets have been requisitioned under section 132A. The said provision would apply in the case of any person in respect of whom search has been carried out under section…

ACIT, New Delhi vs. M/S. Victory Dwellings Pvt. Ltd., New Delhi

In the result, the appeals of the assessees are allowed and that of the department are dismissed

ITA 6230/DEL/2014[2009-10]Status: DisposedITAT Delhi24 Mar 2017AY 2009-10

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita Nos. 6208 & 6209/Del/2014 : Asstt. Years : 2009-10 & 2010-11 Victory Dwellings Pvt. Ltd., Vs Acit, 208, Gupta Tower, Azadpur Central Circle-09, Commercial Complex, Azadpur, New Delhi New Delhi-110033 (Appellant) (Respondent)

Section 68

…nitiating action u/s 153C of the IT Act, 1961. This interpretation of section 153C is supported by the decision of ITA Nos. 6208 to 6213 /Del/2014 Townsip & Accommodations Pvt. Ltd. Hon'ble Apex Court in the case of Manish Maheswari vs. ACIT & another (2007) 289 ITR 341 (SC) where the Lordships at page 348 held as under: "The condition precedent for invoking a block assessment is that a search has been conducted under section 132, or documents or assets have been requisitioned under section 132A. The said provision would apply in the case of any person in respect of whom search has been carried out under section…