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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

Income Tax Officer-19(2)(2), Mumbai vs. Mahesh K Joshi, Mumbai

In the result, the appeal is dismissed

ITA 3032/MUM/2025[2011-12]Status: DisposedITAT Mumbai23 Feb 2026AY 2011-12

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokarincome Tax Officer-19(2)(2) Mahesh K Joshi 503, 5Th Floor, Income Tax Office, 42, A/3, 479 Jariwala Building, Vs. Piramal Chambers, Lalbaug, Arther Road, Tardeo, Mumbai-400 012 Mumbai-400 034 Pan/Gir No. Aadhm 4623 G (Appellant) : (Respondent) Appellant By : None Respondent By : Shri Annavram Kosuri Date Of Hearing : 18.02.2026 Date Of Pronouncement : 23.02.2026 O R D E R Per Saktijit Dey: The Present Appeal By The Department Arises Out Of The Order Dated 24.02.205, Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi For The Assessment Year (A.Y. For Short) 2011-12. 2. Though The Department Has Raised Multiple Grounds, However, The Solitary Issue Arising In The Appeal Relates To Deletion Of Addition Of Rs.1,04,16,232/- Made By The Assessing Officer (A.O. For Short), Alleging Non-Genuine Transaction. When The Matter Was Called Out, None Appeared On Behalf Of The Assessee. A Perusal Of Record Reveals That On Earlier Occasions Also The Assessee Failed To Appear, Though, Several Notices Of Hearing Were Sent To The Assessee. Keeping In View The Nature Of Dispute & Other Attending Facts & Circumstances, We Deem It Appropriate To Dispose Of The Appeal Ex Parte Qua The Assessee With The Assistance Of Ld. Departmental Representative (‘Ld. Dr’ For Short) & Based On Facts & Materials Available On Record.

For Appellant: NoneFor Respondent: Shri Annavram Kosuri
Section 132(4)Section 147

declaring income of Rs.2,78,810/-. Subsequently, the Assessing Officer (A.O. for short) received information through Investigation Wing that in course of search and seizure operation conducted on 05.02.2016 in case of Shri Vipul Vidur Bhatt and his associates/other entities, it was found that they indulged in providing accommodation entries ... First appellate authority found that as per the statement recorded from Shri Vipul Vidur Bhatt and other materials found in course of search and seizure operation, the assessee has not availed any accommodation entry from 3 ITO vs. Mahesh K Joshi the entities of Shri Vipul Vidur Bhatt

Satyanarayana Reddy Cheruku, Warangal vs. Income Tax Officer, Ward-1, Warangal

ITA 1358/HYD/2025[2010-11]Status: DisposedITAT Hyderabad20 Feb 2026AY 2010-11

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.1358/Hyd/2025 (िनधा"रण वष"/Assessment Year:2010-11) Satyanarayana Reddy Vs. Income Tax Officer, Cheruku, Ward-1, Warangal. Warangal. Pan: Aaupc0479M (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri S. Rama Rao, Advocate राज" व "ारा/Revenue By: Ms. Aditi Goyal, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 03/02/2026 घोषणा की तारीख/Date Of 20/02/2026 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals)-12, Hyderabad, Dated 23/07/2025, Which In Turn Arises From The Order Passed By The Assessing Officer (For Short, “Ao”) Under Section 143(3) R.W.S 153C Of The Income Tax Act, 1961 (For Short, “The Act”), Dated 11/12/2017 For The Assessment Year (Ay) 2010-11. The Assessee Has Assailed The Impugned Order Of The Cit(A) On The Following Grounds Of Appeal:

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Ms. Aditi Goyal, Sr. AR
Section 143(3)Section 153CSection 69A

have seen that no documents relating to the appellant were found with Arihant Educational Society and Pavani Estates during the course of search and seizure operations. 4) The learned CIT (A) is not justified in confirming the action of the Assessing Officer in initiating proceedings u/s 153C of the 1.T.Act ... without considering the fact that there is no material belonging to the appellant was found during the course of search and seizure operations. 7) The learned CIT (A) erred in not providing copies of the seized documents and also erred in not providing cross examination of the persons whose statements

Param Propertt Devloper, Ambernath vs. ACIT, Central Circle-2, Thane

ITA 3243/MUM/2025[2020-21]Status: DisposedITAT Mumbai20 Feb 2026AY 2020-21

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarit(Ss)A/3241/Mum/2025 (A.Y. 2016-17) It(Ss)A/3242/Mum/2025 (A.Y. 2017-18) It(Ss)A/3243/Mum/2025 (A.Y. 2020-21) Param Property Developers V/S. Assistant Commissioner Of Plot No. 30, Jivandeep बनाम Income Tax, Central Circle Apartment, Station Road, Ambarnath(E), Thane 421501, Maharashtra 2,Thane, Ashar It Park, 6Th Floor, Wagale Industrial Estate, Thane- 400 604, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aalfp9248G Appellant/अपीलार्थी .. Respondent/प्रतिवादी Pride Infrastructure It(Ss)A/3309/Mum/2025 (A.Y. 2014-15) It(Ss)A/3310/Mum/2025 (A.Y. 2015-16) V/S. Assistant Commissioner Of Plot No. 34, Ketan Bhavan, बनाम Income Tax, Central Circle Suryoday Chs Ltd., Station Road, Ambarnath(E), Thane 421 501, Maharashtra 2,Thane, Ashar It Park, 6Th Floor, Wagale Industrial Estate, Thane- 400 604, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aamfp3255G Appellant/अपीलार्थी .. Respondent/प्रतिवादी Page | 2

Section 132Section 143(3)

years. All the above stated appeals are interrelated involving identical grounds of appeal in various concerns of the Patel Realty group which underwent search and seizure operation u/s 132 of the Act and also these appeals have been heard together. Therefore, they are being adjudicated in this composite order ... have also gone through the provisions of law and the citations relied upon by both the sides. It is seen that a search and seizure action u/s 132 of the Act was conducted on Patel RPL Realty group of cases on 08/08/2019. The assessee is part of Patel RPL Realty