← All Phrases

“search and seizure”

Search & SeizureSection 132Section 13210,164 judgments

The decision most relied on for search and seizure is CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd. (374 ITR 645), cited in 1,823 judgments on BharatTax.

Leading authorities on search and seizure

CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd.
374 ITR 645 · 2015 · High Court
1,823
citing judgments

In Section 153A proceedings, the scope of assessment extends to abated proceedings, enabling an assessee to raise fresh legal claims that could have been made in regular assessment proceedings.

CIT v. Sinhgad Technical Education Society
397 ITR 344 · 2017 · Supreme Court
1,589
citing judgments

For assessments under Section 153C, a notice is legally unsustainable if there is no incriminating material correlated to the specific assessment years for which reassessment is sought.

All Cargo Global Logistics Ltd. v. DCIT
137 ITD 287 · 2012 · ITAT
907
citing judgments

In non-abated assessments, the Assessing Officer can make additions under section 153A based on books of accounts or documents found during a search but not produced during the original assessment, provided such material is incriminating.

Commissioner of Income Tax v. Harjeev Aggarwal
290 CTR 263 · 2016 · High Court
583
citing judgments

Assessment based solely on a statement recorded under Section 132(4) of the Income Tax Act requires the statement to be relatable to incriminating material or evidence found during the search, especially when considering Section 158BB(1) which restricts computation of undisclosed income to evidence found during search.

CIT v. Anil Kumar Bhatia
352 ITR 493 · 2013 · High Court
537
citing judgments

Section 153A can be invoked to reassess income for all years under consideration prior to a search, even if returns for those years were processed under Section 143(1)(a). The Assessing Officer has the power to reassess total income in such cases without fetters.

E.N. Gopakumar v. CIT
75 Taxmann.com 215 · 2016 · High Court
428
citing judgments

In search assessments conducted under Section 153A of the Income-tax Act, additions to the assessee's income can be made even in the absence of incriminating material found during a search operation conducted under Section 132.

DCIT v. Sunil Kumar Sharma
159 Taxmann.com 179 · 2024 · High Court
269
citing judgments

Loose sheets of paper containing jottings, not shown to be part of regularly maintained books of accounts, do not constitute incriminating material for initiating assessment under section 153C. The satisfaction note required for 153C proceedings must specify the assessment year to which the alleged incriminating material belongs.

Kishore Kumar v. Deputy Commissioner of Income
52 Taxmann.com 449 · 2014 · High Court
255
citing judgments

An unretracted admission of undisclosed income made by an assessee in a sworn statement under Section 132(4) during a search and seizure operation forms a valid basis for making additions and levying tax, especially when no books of accounts are maintained.

Judgments citing search and seizure

Kamaladityya Construction Pvt. Ltd., Jharkhand vs. DCIT, Central Circle-30, Delhi

ITA 831/DEL/2025[2020-21]Status: DisposedITAT Delhi08 Oct 2025AY 2020-21

Bench: Sh. Satbeer Singh Godara & Sh. Manish Agarwalita No. 829/Del/2025 : Asstt. Year : 2018-19 Ita No. 830/Del/2025 : Asstt. Year : 2019-20 Ita No. 831/Del/2025 : Asstt. Year : 2020-21 Kamaladityya Construction Pvt. Ltd. Vs Dcit, 201, Co-Operative Colony, Bokaro Central Circle-30, Steel City, Jharkhand-827001 New Delhi110002 (Appellant) (Respondent) Pan No. Aadck8525G Assessee By : Sh. Devesh Poddar, Adv. & Sh. Devashish Chatterji, Adv. Revenue By : Sh. Dayainder Singh Sidhu, Cit-Dr Date Of Hearing: 08.10.2025 Date Of Pronouncement: 08.10.2025 Order Per Satbeer Singh Godara: These Assessee’S Three Appeals In Ita Nos. 829, 830 & 831/Del/2025 For Assessment Years 2018-19, 2019-20 & 2020- 21 Arise Against The Cit(A)-30, New Delhi’S Din & Order No. Itba/Apl/M/250/2024-25/1071411822(1), 1071412015(1) & 1071412233(1) All Dated 20.12.2024, In Proceedings U/S 153C R.W.S. 143(3) Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: Sh. Devesh Poddar, Adv. &For Respondent: Sh. Dayainder Singh Sidhu, CIT-DR
Section 127Section 132Section 153CSection 153C(1)(a)

satisfaction: “A letter dated 05.08.2022 from the O/o DCIT, Central Circle-3, New Delhi has been received on 25.08.2022 stating therein that a search and seizure proceedings under section 132 of IT Act was conducted on a entry operator Sanjay Jain along with his facilitators and some of his beneficiaries

Kamaladityya Construction Pvt. Ltd., Jharkhand vs. DCIT, Central Circle-30, New Dellhi

ITA 830/DEL/2025[2019-20]Status: DisposedITAT Delhi08 Oct 2025AY 2019-20

Bench: Sh. Satbeer Singh Godara & Sh. Manish Agarwalita No. 829/Del/2025 : Asstt. Year : 2018-19 Ita No. 830/Del/2025 : Asstt. Year : 2019-20 Ita No. 831/Del/2025 : Asstt. Year : 2020-21 Kamaladityya Construction Pvt. Ltd. Vs Dcit, 201, Co-Operative Colony, Bokaro Central Circle-30, Steel City, Jharkhand-827001 New Delhi110002 (Appellant) (Respondent) Pan No. Aadck8525G Assessee By : Sh. Devesh Poddar, Adv. & Sh. Devashish Chatterji, Adv. Revenue By : Sh. Dayainder Singh Sidhu, Cit-Dr Date Of Hearing: 08.10.2025 Date Of Pronouncement: 08.10.2025 Order Per Satbeer Singh Godara: These Assessee’S Three Appeals In Ita Nos. 829, 830 & 831/Del/2025 For Assessment Years 2018-19, 2019-20 & 2020- 21 Arise Against The Cit(A)-30, New Delhi’S Din & Order No. Itba/Apl/M/250/2024-25/1071411822(1), 1071412015(1) & 1071412233(1) All Dated 20.12.2024, In Proceedings U/S 153C R.W.S. 143(3) Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: Sh. Devesh Poddar, Adv. &For Respondent: Sh. Dayainder Singh Sidhu, CIT-DR
Section 127Section 132Section 153CSection 153C(1)(a)

satisfaction: “A letter dated 05.08.2022 from the O/o DCIT, Central Circle-3, New Delhi has been received on 25.08.2022 stating therein that a search and seizure proceedings under section 132 of IT Act was conducted on a entry operator Sanjay Jain along with his facilitators and some of his beneficiaries

Kamaladityya Construction Pvt. Ltd, Jharkhand vs. DCIT, Central Circle-30, Delhi

ITA 829/DEL/2025[2018-19]Status: DisposedITAT Delhi08 Oct 2025AY 2018-19

Bench: Sh. Satbeer Singh Godara & Sh. Manish Agarwalita No. 829/Del/2025 : Asstt. Year : 2018-19 Ita No. 830/Del/2025 : Asstt. Year : 2019-20 Ita No. 831/Del/2025 : Asstt. Year : 2020-21 Kamaladityya Construction Pvt. Ltd. Vs Dcit, 201, Co-Operative Colony, Bokaro Central Circle-30, Steel City, Jharkhand-827001 New Delhi110002 (Appellant) (Respondent) Pan No. Aadck8525G Assessee By : Sh. Devesh Poddar, Adv. & Sh. Devashish Chatterji, Adv. Revenue By : Sh. Dayainder Singh Sidhu, Cit-Dr Date Of Hearing: 08.10.2025 Date Of Pronouncement: 08.10.2025 Order Per Satbeer Singh Godara: These Assessee’S Three Appeals In Ita Nos. 829, 830 & 831/Del/2025 For Assessment Years 2018-19, 2019-20 & 2020- 21 Arise Against The Cit(A)-30, New Delhi’S Din & Order No. Itba/Apl/M/250/2024-25/1071411822(1), 1071412015(1) & 1071412233(1) All Dated 20.12.2024, In Proceedings U/S 153C R.W.S. 143(3) Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: Sh. Devesh Poddar, Adv. &For Respondent: Sh. Dayainder Singh Sidhu, CIT-DR
Section 127Section 132Section 153CSection 153C(1)(a)

satisfaction: “A letter dated 05.08.2022 from the O/o DCIT, Central Circle-3, New Delhi has been received on 25.08.2022 stating therein that a search and seizure proceedings under section 132 of IT Act was conducted on a entry operator Sanjay Jain along with his facilitators and some of his beneficiaries

Rondla Pushpasena Reddy, Hyderabad vs. ITO., Ward-1, Warangal

In the result, the appeal of the assessee is allowed

ITA 257/HYD/2025[2012-13]Status: DisposedITAT Hyderabad03 Oct 2025AY 2012-13

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.257/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2012-13) Shri Rondla Pushpasena Vs. Income Tax Officer Reddy, Hyderabad Ward 1 Pan:Cuhpr3280A Warangal (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri T Chaitanya Kumar, Advocate राज" व "ारा/Revenue By:: Smt.V Koteshwaramma, Sr.Dr सुनवाई की तारीख/Date Of Hearing: 25/09/2025 घोषणा की तारीख/Pronouncement: 03/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Rondla Pushpasena Reddy (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad, (“Ld. Cit(A)”), Dated 31.01.2022 For The A.Y. 2012-13. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri T Chaitanya KumarFor Respondent: : Smt.V Koteshwaramma, Sr.DR
Section 132Section 143(3)Section 153C

individual engaged in agricultural operations. The assessee did not file any return of income for the Assessment Year 2012–13. A search and seizure operation under section 132 of the Income Tax Act, 1961 (“the Act”) was conducted in the case of M/s. Arihant Educational Society (“Medical College”), which runs ... Raju Alluri v. ITO (Supra), wherein this Tribunal at para nos.7 & 8 of its order has held as under: “7. There is a search and seizure carried on in the case of M/s.Arihant Educational Society where seized material was found to the extent of Rs. 30.00 lakhs. A statement