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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

Deputy Commissioner of Income Tax, Central Circle-03, Delhi vs. Haryana Constructions Pvt Ltd, Gurugram

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

ITA 2755/DEL/2023[2017-18]Status: DisposedITAT Delhi16 Jul 2025AY 2017-18

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.Dcit, Vs. Haryana Constructions Pvt. Ltd, Central Circle-03, 14 Marla, Plot No. 7P, Sector-47, New Delhi Urban Estate, Ue 029, Gurugram, Haryana 122001 (Appellant) (Respondent) Pan: Aacch1215R Co 43/Del/2024 (In Ita No. 2755/Del/2023) (Assessment Year: 2017-18) Haryana Constructions Pvt. Ltd, Vs. Dcit, 14 Marla, Plot No. 7P, Sector-47, Central Circle-03, Urban Estate, Ue 029, New Delhi Gurugram, Haryana 122001 (Appellant) (Respondent) Pan: Aacch1215R Assessee By : Shri Gautam Jain, Adv Shri Parth Singhal, Adv Shri Ankit Kumar, Adv Revenue By: Ms. Sita Shrivastava, Cit (Dr) Date Of Hearing 21/05/2025 Date Of Pronouncement 16/07/2025

For Appellant: Shri Gautam Jain, AdvFor Respondent: Ms. Sita Shrivastava, CIT (DR)
Section 132Section 133ASection 153ASection 153CSection 153D

evidentiary value.” CO 43/Del/2024 Haryana Constructions pvt. Ltd 3. We have heard the rival submissions and perused the material available on record. A search and seizure operation u/s 132 of the Act was conducted on 11.02.2021 in the case of Brij Gopal Construction Company Pvt. Ltd and others. Some premises ... assess the total income taking notice of undisclosed income even found during the search and seizure operation. 15.1 In view of the discussion hereinabove, once during search undisclosed income is found on unearthing the incriminating materia! during the search, the AO would assume jurisdiction to assess or reassess the total