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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

Shyam Sel & Power Limited, Kolkata vs. ACIT, CC - 1(1), Kolkata

In the result, appeal of the assessee-M/s Shyam Metalics And Energy

ITA 1019/KOL/2024[2018-2019]Status: DisposedITAT Kolkata13 Aug 2025AY 2018-2019

Bench: Shri George Mathan & Shri Rakesh Mishrashyam Metalics & Energy Ltd Vs Acit, Central Circle-1(1), 83 Trinity Tower, 7Th Floor, Kolkata Topsia Road, Topsia, Kolkata-700046 Pan No. :Aahcs 5842 A Ita No.1016 & 1017/Kol/2024 (निर्धारण वर्ा /Assessment Year : 2017-2018 & 2018-2019) Shyam Metalics & Energy Ltd Vs Acit, Central Circle-1(1), 83 Trinity Tower, 7Th Floor, Kolkata Topsia Road, Topsia, Kolkata-700046 Pan No. :Aahcs 5842 A Ita No.1018 - 1020/Kol/2024 (निर्धारण वर्ा /Assessment Year : 2017-2018 To 2019-2020) Shyam Sel & Power Limited Vs Acit, Central Circle-1(1), 5, Ss Chamber, 2Nd Floor, Kolkata Pincep Street, C.R.Avenue, Kolkata-700072 Pan No. :Aaecs 9421 J (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri A.K. Tulsiyan, Fca & Robin Maheshwari, Aca रधजस्व की ओर से /Revenue By : Shri Raja Sengupta, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 13/08/2025 घोषणा की तारीख/Date Of Pronouncement : 13/08/2025 आदेश / O R D E R Per George Mathan, Jm: These Are The Appeals Filed By The Two Different Assessees Against The Separate Orders Passed By The Ld. Pr.Cit(Central), Kolkata-1, Dated 07.03.2024, 14.03.2024 & 18.03.2024, Respectively For The Assessment Years 2014-2015, 2017-2018, 2018-2019 & 2019-2020, Respectively.

For Appellant: Shri A.K. Tulsiyan, FCA & RobinFor Respondent: Shri Raja Sengupta, CIT-DR
Section 143(3)Section 153ASection 263Section 80I

assessee for the impugned assessment year came to be processed u/s.143(3) of the Act on 28.12.2017. Subsequently there was a search and seizure action conducted against the assessee on 17.01.2019 and in consequence of the search the assessment came to be completed u/s.153A r.w.s ... have considered the rival submission. Admittedly the assessment order u/s.153A r.w.s.143(3) of the Act dated 19.07.2021 has been passed in consequence of search and seizure operation conducted on the assessee. Admittedly, there is no incriminating material found in the course of search in relation to the carbon credit

M/S. Shyam Metalics and Energy Ltd., Kolkata vs. ACIT, CC - 1(1), Kolkata

In the result, appeal of the assessee-M/s Shyam Metalics And Energy

ITA 1017/KOL/2024[2018-2019]Status: DisposedITAT Kolkata13 Aug 2025AY 2018-2019

Bench: Shri George Mathan & Shri Rakesh Mishrashyam Metalics & Energy Ltd Vs Acit, Central Circle-1(1), 83 Trinity Tower, 7Th Floor, Kolkata Topsia Road, Topsia, Kolkata-700046 Pan No. :Aahcs 5842 A Ita No.1016 & 1017/Kol/2024 (निर्धारण वर्ा /Assessment Year : 2017-2018 & 2018-2019) Shyam Metalics & Energy Ltd Vs Acit, Central Circle-1(1), 83 Trinity Tower, 7Th Floor, Kolkata Topsia Road, Topsia, Kolkata-700046 Pan No. :Aahcs 5842 A Ita No.1018 - 1020/Kol/2024 (निर्धारण वर्ा /Assessment Year : 2017-2018 To 2019-2020) Shyam Sel & Power Limited Vs Acit, Central Circle-1(1), 5, Ss Chamber, 2Nd Floor, Kolkata Pincep Street, C.R.Avenue, Kolkata-700072 Pan No. :Aaecs 9421 J (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri A.K. Tulsiyan, Fca & Robin Maheshwari, Aca रधजस्व की ओर से /Revenue By : Shri Raja Sengupta, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 13/08/2025 घोषणा की तारीख/Date Of Pronouncement : 13/08/2025 आदेश / O R D E R Per George Mathan, Jm: These Are The Appeals Filed By The Two Different Assessees Against The Separate Orders Passed By The Ld. Pr.Cit(Central), Kolkata-1, Dated 07.03.2024, 14.03.2024 & 18.03.2024, Respectively For The Assessment Years 2014-2015, 2017-2018, 2018-2019 & 2019-2020, Respectively.

For Appellant: Shri A.K. Tulsiyan, FCA & RobinFor Respondent: Shri Raja Sengupta, CIT-DR
Section 143(3)Section 153ASection 263Section 80I

assessee for the impugned assessment year came to be processed u/s.143(3) of the Act on 28.12.2017. Subsequently there was a search and seizure action conducted against the assessee on 17.01.2019 and in consequence of the search the assessment came to be completed u/s.153A r.w.s ... have considered the rival submission. Admittedly the assessment order u/s.153A r.w.s.143(3) of the Act dated 19.07.2021 has been passed in consequence of search and seizure operation conducted on the assessee. Admittedly, there is no incriminating material found in the course of search in relation to the carbon credit

Assistantcommissionerof Incometax, Central Circle-3(2), Kolkata, Aayakar Bhawan Poorva vs. M/S. Balaji Polytex Private Limited, Kolkata

In the result, the appeal of the revenue is dismissed

ITA 2406/KOL/2024[2018-19]Status: DisposedITAT Kolkata12 Aug 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2406/Kol/2024 Assessment Year: 2018-19 Acit, Central Circle-3(2), Kolkata ……..……..…………………....Appellant Vs. M/S Balaji Polytex Pvt. Ltd..…………....…..………………….…..... Respondent 40/, Strand Road, 2Nd Floor, Kol-1. [Pan: Aaecb6388B] Appearances By: Shri P. N. Barnwal, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 28, 2025 Date Of Pronouncing The Order : August 12,2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Revenue Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), 21, Kolkata Dated 30.10.2024, Passed Against The Assessment Order Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2018–19. 2. Brief Facts Of The Case Are That In The Case Of The Assessee, The Return Of Income U/S 139 Of The Act Was Filed By The Assessee Declaring Income Of Rs.Nil With Current Year Loss Of Rs.7,99,660/- Which Was Received On 29.03.2019 With Total Income Of Nil With Current Year Loss Of Rs.1,12,00,590/-. A Search & Seizure Operation Was Carried Out At The Residential & Office Premises Of “Health Care Group” On 05.02.2021. During The Search, Reference Of The Assessee Was Found. During The Assessment Proceedings, The Assessing Officer Noticed That Certain Cash

Section 139Section 250Section 69D

Rs.7,99,660/- which was received on 29.03.2019 with total income of Nil with current year loss of Rs.1,12,00,590/-. A search and seizure operation was carried out at the residential and office premises of “Health Care Group” on 05.02.2021. During the search, reference of the assessee