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“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

DCIT Central Circle, 1(4), Kolkata vs. Jupiter International Limited, Kolkata

In the result, the appeal filed by the Revenue is dismissed

ITA 852/KOL/2025[2012-13]Status: DisposedITAT Kolkata30 Sept 2025AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 852/Kol/2025 Assessment Year: 2012-2013 Deputy Commissioner Of Income Tax,….…Appellant Central Circle-1(4), Kolkata, Aayakar Bhawan Poorva, 110, Shanti Pally, Kolkata-700107 -Vs.- Jupiter International Limited,…………….…Respondent Unnayanam, 20A, Ashutosh Chowdhury Avenue, Kolkata-700019, West Bengal [Pan:Aaacj6956B] Appearances By: Shri Soumitra Choudhury, Advocate, Shri Pranabesh Sarkar, Advocate & Shri K.K. Chhaparia, Fca, Appeared On Behalf Of The Assessee Shri P.N. Barnwal, Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: August 07, 2025 Date Of Pronouncing The Order: September 30, 2025 O R D E R

Section 132Section 142(1)Section 143(3)Section 14ASection 153ASection 2(24)(x)Section 36(1)(va)

brief are that the appellant-assessee is an importer and dealer in computer peripherals and consumables, manufacturing of CDR and DVDR. A search and seizure operation was conducted in the residential, office and factory premises of the Jupiter Group at Kolkata on 24.03.2015 and subsequent dates, lockers belonging ... Income Tax Act, 1961 and cash, gold and silver jewellery articles were found during the course of search. Consequent upon, search and seizure operation proceedings under section 153A of the Act, were initiated and notice under section 153A dated 06.05.2016 was duly served upon the assessee. In response