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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

Shri Balaji India Private Limited, Gurgaon vs. Assistant Commissioner of Income Tax Central Circle 1, Faridabad

Accordingly, the present appeals, along with all pending applications, are dismissed

ITA 5752/DEL/2024[2021-22]Status: DisposedITAT Delhi15 Jul 2025AY 2021-22

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 5744/Del/2024 : Asstt. Year: 2019-20 Ita No. 5745/Del/2024 : Asstt. Year: 2020-21 Ita No. 5752/Del/2024 : Asstt. Year: 2021-22 Shri Balaji (India) Pvt. Ltd., Vs Acit, Vpo Badshahpur, Near Arya Samaj Central Circle-1, Mandir, Gurgaon-122017 Faridabad-121001 (Appellant) (Respondent) Pan No. Aaccs5328Q Assessee By: Sh. Anshul Mittal, Adv. Revenue By : Sh. Mahesh Kumar, Cit-Dr Date Of Hearing: 15.07.2025 Date Of Pronouncement: 15.07.2025 Order Per Satbeer Singh Godara: These Assessee’S Three Appeals Ita Nos. 5744, 5745 & 5752/Del/2024, For Assessment Years 2019-20, 2020-21 & 2021-22, Arise Against The Cit(A)-3, Gurgaon’S Orders Dated 21St & 22Nd October, 2024 Passed In Case Nos. 10964/2018-19, 10827/2019-20 & 10090/2020-21, In Proceedings U/S 143(3) R.W.S. 153A Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: Sh. Anshul Mittal, AdvFor Respondent: Sh. Mahesh Kumar, CIT-DR
Section 132Section 143(3)Section 148Section 153ASection 153CSection 260A

existence of incriminating material found during the course of the search is a sine qua non for making additions pursuant to a search and seizure operation. In the event no incriminating material is found during search, no addition could be made in respect of the assessments that had become final ... section 132(4) of the Act. However, this statement cannot, on a standalone basis, without reference to any other material discovered during search and seizure operations, empower the AO to frame the block assessment. This court in Principal Commissioner of Income Tax, Delhi v. Best Infrastructure (India

Shri Balaji India Private Limited, Gurgaon vs. Assistant Commissioner of Income Tax Central Circle 1, Faridabad

Accordingly, the present appeals, along with all pending applications, are dismissed

ITA 5745/DEL/2024[2020-21]Status: DisposedITAT Delhi15 Jul 2025AY 2020-21

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 5744/Del/2024 : Asstt. Year: 2019-20 Ita No. 5745/Del/2024 : Asstt. Year: 2020-21 Ita No. 5752/Del/2024 : Asstt. Year: 2021-22 Shri Balaji (India) Pvt. Ltd., Vs Acit, Vpo Badshahpur, Near Arya Samaj Central Circle-1, Mandir, Gurgaon-122017 Faridabad-121001 (Appellant) (Respondent) Pan No. Aaccs5328Q Assessee By: Sh. Anshul Mittal, Adv. Revenue By : Sh. Mahesh Kumar, Cit-Dr Date Of Hearing: 15.07.2025 Date Of Pronouncement: 15.07.2025 Order Per Satbeer Singh Godara: These Assessee’S Three Appeals Ita Nos. 5744, 5745 & 5752/Del/2024, For Assessment Years 2019-20, 2020-21 & 2021-22, Arise Against The Cit(A)-3, Gurgaon’S Orders Dated 21St & 22Nd October, 2024 Passed In Case Nos. 10964/2018-19, 10827/2019-20 & 10090/2020-21, In Proceedings U/S 143(3) R.W.S. 153A Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: Sh. Anshul Mittal, AdvFor Respondent: Sh. Mahesh Kumar, CIT-DR
Section 132Section 143(3)Section 148Section 153ASection 153CSection 260A

existence of incriminating material found during the course of the search is a sine qua non for making additions pursuant to a search and seizure operation. In the event no incriminating material is found during search, no addition could be made in respect of the assessments that had become final ... section 132(4) of the Act. However, this statement cannot, on a standalone basis, without reference to any other material discovered during search and seizure operations, empower the AO to frame the block assessment. This court in Principal Commissioner of Income Tax, Delhi v. Best Infrastructure (India

Shri Balaji India Private Limited, Gurugram vs. Assistant Commissioner of Income Tax, Faridabad

Accordingly, the present appeals, along with all pending applications, are dismissed

ITA 5744/DEL/2024[2019-20]Status: DisposedITAT Delhi15 Jul 2025AY 2019-20

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 5744/Del/2024 : Asstt. Year: 2019-20 Ita No. 5745/Del/2024 : Asstt. Year: 2020-21 Ita No. 5752/Del/2024 : Asstt. Year: 2021-22 Shri Balaji (India) Pvt. Ltd., Vs Acit, Vpo Badshahpur, Near Arya Samaj Central Circle-1, Mandir, Gurgaon-122017 Faridabad-121001 (Appellant) (Respondent) Pan No. Aaccs5328Q Assessee By: Sh. Anshul Mittal, Adv. Revenue By : Sh. Mahesh Kumar, Cit-Dr Date Of Hearing: 15.07.2025 Date Of Pronouncement: 15.07.2025 Order Per Satbeer Singh Godara: These Assessee’S Three Appeals Ita Nos. 5744, 5745 & 5752/Del/2024, For Assessment Years 2019-20, 2020-21 & 2021-22, Arise Against The Cit(A)-3, Gurgaon’S Orders Dated 21St & 22Nd October, 2024 Passed In Case Nos. 10964/2018-19, 10827/2019-20 & 10090/2020-21, In Proceedings U/S 143(3) R.W.S. 153A Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: Sh. Anshul Mittal, AdvFor Respondent: Sh. Mahesh Kumar, CIT-DR
Section 132Section 143(3)Section 148Section 153ASection 153CSection 260A

existence of incriminating material found during the course of the search is a sine qua non for making additions pursuant to a search and seizure operation. In the event no incriminating material is found during search, no addition could be made in respect of the assessments that had become final ... section 132(4) of the Act. However, this statement cannot, on a standalone basis, without reference to any other material discovered during search and seizure operations, empower the AO to frame the block assessment. This court in Principal Commissioner of Income Tax, Delhi v. Best Infrastructure (India

Ankit Agarwal, Hyderabad vs. DCIT., Central Circle 3(3), Hyderabad

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

ITA 304/HYD/2025[2018-2019]Status: HeardITAT Hyderabad14 Jul 2025AY 2018-2019

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं / Ita Nos.301 To 303/Hyd/2025 (निर्धारण वर्ष/Assessment Years:2018-19 To 2020-21) Kiran Devi Agarwal, Hyderabad. Pan:Adopa7925R Dy. Commissioner Of Income Tax, Vs. Central Circle-3(3), Hyderabad. (Appellant) (Respondent) आ.अपी.सं / Ita Nos.304 To 306/Hyd/2025 (निर्धारण वर्ष/Assessment Years:2018-19 To 2020-21) Ankit Agarwal, Hyderabad. Pan:Bnlpa0543D Vs. Dy. Commissioner Of Income Tax, Central Circle-3(3), Hyderabad. (Appellant) (Respondent) निर्धारिती द्वारा / Assessees By: Shri Sharad Chandra Toshniwal, C.A. राजस्व द्वारा / Revenue By: Shri Gurpreet Singh, Sr-Dr सुनवाई की तारीख /Date Of Hearing: 09/07/2025 घोषणा की तारीख / Pronouncement: 14/07/2025 आदेश/Order Per Bench : These Appeals Are Filed By The Captioned Assessees, Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad (“Ld. Cit(A)") For The A.Ys.2018-19 To 2020-21 Respectively. These Six Appeals Of The Assessees Involve Identical Issues Arising Out Of Similar Facts & Are Therefore Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience & Consistency. 2. At The Outset, It Is Observed That There Is A Delay Of 14 Days In Some Appeals & 15 Days In Others. The Assessee Has Filed Condonation Petitions Along With Affidavits, Explaining The Reasons For Such Delay. After Going Through The Condonation Petitions & The Material On Record & Considering The Submissions Of The Learned Authorised Representative (“Ld. Ar") & The Learned Departmental Representative (“Ld. Dr”), In The Interest Of Substantial Justice, We Condone The Delay In Filing All The Appeals & Admit Them For Adjudication On Merits.

For Respondent: Shri Gurpreet Singh, SR-DR
Section 132(4)Section 153C

justice and against the law. 4.1 Section 132(4) of Income tax Act "(4) The authorised officer may, during the course of the search or seizure, examine on oath any person who is found to be in possession or control of any books of account, documents, money, bullion, jewellery ... Department at the premises of Shri Ashok Kumar Agrawal, the husband of the assessee. Based on information shared by the GST Department, a search and seizure operation under Section 132 of the Income Tax Act, 1961 ("the Act") was conducted on the same day at his premises. Subsequently, a notice

Kiran Devi Agarwal, Hyderabad vs. DCIT., Central Circle 3(3), Hyderabad

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

ITA 303/HYD/2025[2020-2021]Status: HeardITAT Hyderabad14 Jul 2025AY 2020-2021

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं / Ita Nos.301 To 303/Hyd/2025 (निर्धारण वर्ष/Assessment Years:2018-19 To 2020-21) Kiran Devi Agarwal, Hyderabad. Pan:Adopa7925R (Appellant) Vs. Dy. Commissioner Of Income Tax, Central Circle-3(3), Hyderabad. (Respondent) आ.अपी.सं / Ita Nos.304 To 306/Hyd/2025 (निर्धारण वर्ष/Assessment Years:2018-19 To 2020-21) Ankit Agarwal, Hyderabad. Pan:Bnlpa0543D (Appellant) Vs. Dy. Commissioner Of Income Tax, Central Circle-3(3), Hyderabad. (Respondent) निर्धारिती द्वारा / Assessees By: Shri Sharad Chandra Toshniwal, C.A. राजस्व द्वारा / Revenue By: Shri Gurpreet Singh, Sr-Dr सुनवाई की तारीख /Date Of Hearing: 09/07/2025 घोषणा की तारीख / Pronouncement: 14/07/2025 आदेश/Order Per Bench : These Appeals Are Filed By The Captioned Assessees, Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad (“Ld. Cit(A)") For The A.Ys.2018-19 To 2020-21 Respectively. These Six Appeals Of The Assessees Involve Identical Issues Arising Out Of Similar Facts & Are Therefore Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience & Consistency. 2. At The Outset, It Is Observed That There Is A Delay Of 14 Days In Some Appeals & 15 Days In Others. The Assessee Has Filed Condonation Petitions Along With Affidavits, Explaining The Reasons For Such Delay. After Going Through The Condonation Petitions & The Material On Record & Considering The Submissions Of The Learned Authorised Representative (“Ld. Ar") & The Learned Departmental Representative (“Ld. Dr"), In The Interest Of Substantial Justice, We Condone The Delay In Filing All The Appeals & Admit Them For Adjudication On Merits.

For Respondent: Shri Gurpreet Singh, SR-DR
Section 132(4)Section 153C

justice and against the law. 4.1 Section 132(4) of Income tax Act "(4) The authorised officer may, during the course of the search or seizure, examine on oath any person who is found to be in possession or control of any books of account, documents, money, bullion, jewellery ... Department at the premises of Shri Ashok Kumar Agrawal, the husband of the assessee. Based on information shared by the GST Department, a search and seizure operation under Section 132 of the Income Tax Act, 1961 ("the Act") was conducted on the same day at his premises. Subsequently, a notice

Kiran Devi Agarwal, Hyderabad vs. DCIT., Central Circle 3(3), Hyderabad

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

ITA 302/HYD/2025[2019-2020]Status: HeardITAT Hyderabad14 Jul 2025AY 2019-2020

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं / Ita Nos.301 To 303/Hyd/2025 (निर्धारण वर्ष/Assessment Years:2018-19 To 2020-21) Kiran Devi Agarwal, Hyderabad. Pan:Adopa7925R Dy. Commissioner Of Income Tax, Vs. Central Circle-3(3), Hyderabad. (Appellant) (Respondent) आ.अपी.सं / Ita Nos.304 To 306/Hyd/2025 (निर्धारण वर्ष/Assessment Years:2018-19 To 2020-21) Ankit Agarwal, Hyderabad. Pan:Bnlpa0543D Vs. Dy. Commissioner Of Income Tax, Central Circle-3(3), Hyderabad. (Appellant) (Respondent) निर्धारिती द्वारा / Assessees By: Shri Sharad Chandra Toshniwal, C.A. राजस्व द्वारा / Revenue By: Shri Gurpreet Singh, Sr-Dr सुनवाई की तारीख /Date Of Hearing: 09/07/2025 घोषणा की तारीख / Pronouncement: 14/07/2025 आदेश/Order Per Bench : These Appeals Are Filed By The Captioned Assessees, Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad (“Ld. Cit(A)") For The A.Ys.2018-19 To 2020-21 Respectively. These Six Appeals Of The Assessees Involve Identical Issues Arising Out Of Similar Facts & Are Therefore Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience & Consistency. 2. At The Outset, It Is Observed That There Is A Delay Of 14 Days In Some Appeals & 15 Days In Others. The Assessee Has Filed Condonation Petitions Along With Affidavits, Explaining The Reasons For Such Delay. After Going Through The Condonation Petitions & The Material On Record & Considering The Submissions Of The Learned Authorised Representative (“Ld. Ar") & The Learned Departmental Representative (“Ld. Dr"), In The Interest Of Substantial Justice, We Condone The Delay In Filing All The Appeals & Admit Them For Adjudication On Merits.

For Respondent: Shri Gurpreet Singh, SR-DR
Section 132(4)Section 153C

justice and against the law. 4.1 Section 132(4) of Income tax Act "(4) The authorised officer may, during the course of the search or seizure, examine on oath any person who is found to be in possession or control of any books of account, documents, money, bullion, jewellery ... Department at the premises of Shri Ashok Kumar Agrawal, the husband of the assessee. Based on information shared by the GST Department, a search and seizure operation under Section 132 of the Income Tax Act, 1961 ("the Act") was conducted on the same day at his premises. Subsequently, a notice