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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

Kiran Kumar Reddy Kataru, Hyderabad vs. DCIT., Central Circle -1(1), Hyderabad

In the result, appeal filed by the assessee is dismissed

ITA 255/HYD/2025[2021-22]Status: DisposedITAT Hyderabad30 Jun 2025AY 2021-22

Bench: Shri Manjunatha, G. & Shri Ravish Soodआ.अपी.सं /Ita No.255/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2021-22) Shri Kiran Kumr Reddy Vs. Dy.Cit Kataru, Hyderabad Central Circle 1(1) Pan:Atppk6672A Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.C. Devadas, Ca राज" व "ारा/Revenue By:: Shri Gurpreet Singh, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 25/06/2025 घोषणा की तारीख/Pronouncement: 30/06/2025 आदेश/Order Per Manjunatha, G. A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated, 10/01/2025 Of The Learned Cit (A)-12, Hyderabad, Relating To A.Y.2021-22. 2. The Brief Facts Of The Case Are That, The Assessee Is An Individual & Is Managing Director Of M/S.Axis Energy Venture India Pvt. Ltd, Filed His Return Of Income For The A.Y 2021-22 On 28/01/2022 By Declaring Total Income Of Rs.50,80,000/-. A Search & Seizure Operation U/S 132 Of The I.T. Act, 1961 Was Conducted In The Case Of M/S.Axis Energy Venture India Pvt. Ltd On 10/12/2020 & As A Part Of The Search Operation, The Page 1 Of 6

For Appellant: Shri K.C. Devadas, CAFor Respondent: : Shri Gurpreet Singh, Sr. AR
Section 132

filed his return of income for the A.Y 2021-22 on 28/01/2022 by declaring total income of Rs.50,80,000/-. A search and seizure operation u/s 132 of the I.T. Act, 1961 was conducted in the case of M/s.Axis Energy Venture India Pvt. Ltd on 10/12/2020 and as a part

Assistant Commissioner of Income Tax, Central Circle 2(2), Chennai vs. Kasthoori Raja Dhanush, Chennai

In the result, all the appeals of the Revenue and Cross-Objections

ITA 3192/CHNY/2024[2020-21]Status: DisposedITAT Chennai30 Jun 2025AY 2020-21

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita Nos.3188 To 3192/Chny/2024 निर्धारणवर्ष/Assessment Years: 2015-16, 2016-17, 2017-18, 2019-20 & 2020-21 & Cross-Objection Nos.22 To 26/Chny/2025 निर्धारणवर्ष/Assessment Years: 2015-16, 2016-17, 2017-18, 2019-20 & 2020-21 The Acit, Central Circle-2(2), Chennai. (अपीलार्थी/Appellant) Department By Assessee By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख /Date Of Pronouncement V. : : : : Kasthoori Raja Dhanush, Old No.16/5, New No.33/5, Rajamannar Street, Thyagaraya Nagar, Chennai-600 017. [Pan: Actpv 0618 E] (प्रत्यर्थी/Respondent/Cross- Objector) Mrs. Sheila Parthasarthy, Cit Mr. N. Arjun Raj, Advocate 28.04.2025 30.06.2025 आदेश / Order Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) 19, Chennai (Hereinafter Referred To As `Ld.Cit(A) `) All Dated 17.10.2024 For The

Section 132Section 153ASection 15ASection 271D

assessee and had a bearing on his total income for AYs 2014-15 to 2020-21. The relevant Annexure is extracted below: - "A search and seizure operation was conducted in the case of Shri G N Anbuchezhian and others on 05.02.2020. During the search proceedings, various incriminating material being loose ... into actual transactions resulting in undisclosed income for the appellant, cannot be relied upon for the purpose of assessments made pursuant to a Search and Seizure action. 6.4.14 It is appropriate to bring on record the observations of Apex court in the case of K.P. Varghese 131 ITR 597 where

Assistant Commissioner of Income Tax, Central Circle 2(2), Chennai vs. Kasthoori Raja Dhanush, Chennai

ITA 3191/CHNY/2024[2019-20]Status: DisposedITAT Chennai30 Jun 2025AY 2019-20

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita Nos.3188 To 3192/Chny/2024 निर्धारणवर्ष/Assessment Years: 2015-16, 2016-17, 2017-18, 2019-20 & 2020-21 & Cross-Objection Nos.22 To 26/Chny/2025 निर्धारणवर्ष/Assessment Years: 2015-16, 2016-17, 2017-18, 2019-20 & 2020-21 The Acit, Central Circle-2(2), Chennai. V. (अपीलार्थी/Appellant) Department By Assessee By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख /Date Of Pronouncement : Mrs. Sheila Parthasarthy, Cit : Mr. N. Arjun Raj, Advocate : 28.04.2025 : 30.06.2025 Kasthoori Raja Dhanush, Old No.16/5, New No.33/5, Rajamannar Street, Thyagaraya Nagar, Chennai-600 017. [Pan: Actpv 0618 E] (प्रत्यर्थी/Respondent/Cross- Objector) आदेश / Order Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - 19, Chennai (Hereinafter Referred To As `Ld.Cit(A) `) All Dated 17.10.2024 For The

Section 132Section 153ASection 15ASection 271D

assessee and had a bearing on his total income for AYs 2014-15 to 2020-21. The relevant Annexure is extracted below: - "A search and seizure operation was conducted in the case of Shri G N Anbuchezhian and others on 05.02.2020. During the search proceedings, various incriminating material being loose

The Dy. Commissioner of Income Tax, Central Circle-5(3), Mumbai vs. Underwater Services Company Ltd, Mumbai

In the result, appeal is dismissed

ITA 2342/MUM/2023[2018-2019]Status: DisposedITAT Mumbai30 Jun 2025AY 2018-2019

Bench: Shri Saktijit Dey, Vp & Shri N.K. Billaiya, Am Underwater Services Company Ltd., Dy. Commissioner Of Income Tax, 23/24, Mbpt Building, Malet Bunder Central Circle 5(3), Room No. 1906, 19Th Floor, Road, Mazgaon, Vs. Mumbai- 400009 Air India Building, Nariman Point, Mumbai- 400021 (Appellant) : (Respondent) Pan No. Aabcu 0302K Underwater Services Company Ltd., Dy. Commissioner Of Income Tax, 23/24, Mbpt Building, Malet Bunder Central Circle 5(3), Road, Mazgaon, Room No. 1906, 19Th Floor, Vs. Mumbai- 400009 Air India Building, Nariman Point, Mumbai- 400021 (Appellant) : (Respondent) Pan No. Aabcu 0302K

For Appellant: Shri Ajay R Singh/Akshy PawarFor Respondent: Shri Arun Kanti Datta, (CIT-DR)
Section 132Section 143(3)Section 153ASection 40A(2)(b)

Assessment in case of the assessee was completed u/s. 143(3) of the Act vide order dated 13.03.2015. Subsequently, a search and seizure operation u/s. 132 of the Act was carried out on the assessee on 23.11.2017. Consequent upon search action, proceedings u/s. 153A of the Act were initiated ... First Appellate Authority, Inter-alia challenging the validity of the additions made in absence of any incriminating material found as a result of search and seizure operation. However, learned First Appellate Authority did not entertain assessee’s ground on the legal issue. However, he granted partial relief on merits