← All Phrases

“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

ACIT, Central Circle-17, New Delhi vs. Metenare Global Ltd, New Delhi

ITA 5809/DEL/2017[2012-13]Status: DisposedITAT Delhi29 May 2025AY 2012-13

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 5245/Del/2018: Asstt. Year : 2010-11 Ita No. 5246/Del/2018 : Asstt. Year : 2011-12 Ita No. 8055/Del/2018 : Asstt. Year : 2012-13 Amar Devi Family Welfare Trust, Vs Acit, F-73, Preet Vihar, Central Circle-17, New Delhi-110092 New Delhi (Appellant) (Respondent) Pan No. Aaata4455B Ita No. 5811/Del/2017: Asstt. Year : 2013-14 Ita No. 5812/Del/2017 : Asstt. Year : 2014-15 Acit, Vs Amar Devi Family Welfare Trust, 1St Floor, B-18, Model Town Road, Central Circle-17, New Delhi Jalandhar, Punjab-144005 (Appellant) (Respondent) Pan No. Aaata4455B Ita No. 5809/Del/2017: Asstt. Year : 2012-13 Ita No. 5810/Del/2017 : Asstt. Year : 2013-14 Acit, Vs M/S Metenere Global Ltd., Central Circle-17, 138-139, Ghazipur, New Delhi Delhi-110096 (Appellant) (Respondent) Pan No. Aaacg0722E Assessee By : Sh. Pradip Dinodia, Adv. & Sh. R. K. Kapoor, Ca Revenue By : Sh. Jitender Singh, Cit-Dr Date Of Hearing: 20.05.2025 Date Of Pronouncement: 29.05.2025

For Appellant: Sh. Pradip Dinodia, Adv. &For Respondent: Sh. Jitender Singh, CIT-DR
Section 132Section 142(1)Section 143(2)Section 143(3)Section 153Section 153ASection 153B

relied upon and oral arguments of Ld.AR. The objections/arguments of the appellant are discussed as under:- (i) In the case of the assessee, search and seizure action was carried out u/s 132/133A of the Act, on 27.12.2013 and the last warrant of search was executed on 19.02.2014 (however ... period beyond 31.3.2016, in absence of any transaction with any foreign person. From the above, following facts emerged:-  Search and seizure action u/s 132 of the Act, was carried out on 27.12.2013 and the last warrant was executed on 19.02.2014 for operating bank locker,  The notice u/s 153A

Anil Kumar Gupta, Delhi vs. ITO, Ward 49(3), New Delhi

In the result, appeal of the assessee is dismissed

ITA 2112/DEL/2023[2019--20]Status: DisposedITAT Delhi28 May 2025

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.2112/िद"ी/2023(िन.व. 2019-20) Anil Kumar Gupta, 159/161, 2Nd Floor, Katra Baryan, Chandni Chowk, Delhi 110006 ...... अपीलाथ"/Appellant Pan: Aakpg-3803-F बनाम Vs. Income Tax Officer, Ward 49(3), ..... "ितवादी/Respondent Civic Centre, New Delhi 110002 Assessee By : None Department By : Shri Ashish Tripathi, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 03.03.2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 28.05.2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-27, New Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 30.05.2023, For Assessment Year 2019-20. 2. Brief Facts Of The Case As Emanating From Records Are: A Search & Seizure Operation U/S. 132 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) Was Conducted In Fakir Chand Lockers & Vaults Pvt. Ltd. On 14.12.2018 The Assessee Was Having One Of The Lockers I.E Locker No. 245 At 6704A Khari Baoli, Delhi. The Aforesaid Locker Was Also Covered Under Search & Seizure

For Appellant: NoneFor Respondent: Shri Ashish Tripathi, Sr. DR
Section 132Section 142(1)Section 143(3)Section 69A

assessee was having one of the lockers i.e Locker No. 245 at 6704A Khari Baoli, Delhi. The aforesaid locker was also covered under search and seizure 2 action. During the search operation cash of Rs.18,50,000/- was found and seized from the said locker. Notice

Rameshwer Dass, Delhi vs. DCIT, Central Circle-3, New Delhi

The appeals are allowed

ITA 248/DEL/2020[2017-18]Status: DisposedITAT Delhi28 May 2025AY 2017-18

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaitas No.241, 242 & 248/Del/2020 Assessment Years: 2015-16, 2016-17 & 2017-18 Mr. Rameshwer Das, Vs Dcit, 5873, Top Floor, Central Circle-3, Malka Ganj Chowk, New Delhi. Jawahar Nagar, Delhi. Pan: Aaapd2587R (Appellant) (Respondent) Assessee By : Shri Rajiv Khandelwal, Ca & Shri Jaind Kumar Jaiswal, Advocate Revenue By : Ms Rajinder Kaur, Cit-Dr Date Of Hearing : 22.04.2025 Date Of Pronouncement : 28.05.2025 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Dated 31.10.2019 Of The Commissioner Of Income-Tax (Appeals)-23, New Delhi (Hereinafter Referred To As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeals No.38/2019-20, 39/2019-20 & 40/2019-20 Arising Out Of The Appeals Before It Against The Orders Dated 30.12.2018 Passed U/S 153C R.W.S. 153A Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Dcit, Central Circle-03, New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Rajiv Khandelwal, CA &For Respondent: Ms Rajinder Kaur, CIT-DR
Section 143(3)Section 153CSection 153D

lacks a valid approval. Same is admitted being pure question of law on admitted facts. 3. The admitted facts are that a search and seizure operation was conducted in Shri Sudesh Kumar and Shri Arvind Manchanda, wherein allegedly documents pertaining to the assessee before us were found leading to initiation

Rameshwer Dass, Delhi vs. DCIT, Central Circle-3, New Delhi

The appeals are allowed

ITA 242/DEL/2020[2016-17]Status: DisposedITAT Delhi28 May 2025AY 2016-17

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaitas No.241, 242 & 248/Del/2020 Assessment Years: 2015-16, 2016-17 & 2017-18 Mr. Rameshwer Das, Vs Dcit, 5873, Top Floor, Central Circle-3, Malka Ganj Chowk, New Delhi. Jawahar Nagar, Delhi. Pan: Aaapd2587R (Appellant) (Respondent) Assessee By : Shri Rajiv Khandelwal, Ca & Shri Jaind Kumar Jaiswal, Advocate Revenue By : Ms Rajinder Kaur, Cit-Dr Date Of Hearing : 22.04.2025 Date Of Pronouncement : 28.05.2025 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Dated 31.10.2019 Of The Commissioner Of Income-Tax (Appeals)-23, New Delhi (Hereinafter Referred To As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeals No.38/2019-20, 39/2019-20 & 40/2019-20 Arising Out Of The Appeals Before It Against The Orders Dated 30.12.2018 Passed U/S 153C R.W.S. 153A Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Dcit, Central Circle-03, New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Rajiv Khandelwal, CA &For Respondent: Ms Rajinder Kaur, CIT-DR
Section 143(3)Section 153CSection 153D

lacks a valid approval. Same is admitted being pure question of law on admitted facts. 3. The admitted facts are that a search and seizure operation was conducted in Shri Sudesh Kumar and Shri Arvind Manchanda, wherein allegedly documents pertaining to the assessee before us were found leading to initiation

Rameshwer Dass, Delhi vs. DCIT, Central Circle-3, New Delhi

The appeals are allowed

ITA 241/DEL/2020[2015-16]Status: DisposedITAT Delhi28 May 2025AY 2015-16

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaitas No.241, 242 & 248/Del/2020 Assessment Years: 2015-16, 2016-17 & 2017-18 Mr. Rameshwer Das, Vs Dcit, 5873, Top Floor, Central Circle-3, Malka Ganj Chowk, New Delhi. Jawahar Nagar, Delhi. Pan: Aaapd2587R (Appellant) (Respondent) Assessee By : Shri Rajiv Khandelwal, Ca & Shri Jaind Kumar Jaiswal, Advocate Revenue By : Ms Rajinder Kaur, Cit-Dr Date Of Hearing : 22.04.2025 Date Of Pronouncement : 28.05.2025 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Dated 31.10.2019 Of The Commissioner Of Income-Tax (Appeals)-23, New Delhi (Hereinafter Referred To As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeals No.38/2019-20, 39/2019-20 & 40/2019-20 Arising Out Of The Appeals Before It Against The Orders Dated 30.12.2018 Passed U/S 153C R.W.S. 153A Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Dcit, Central Circle-03, New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Rajiv Khandelwal, CA &For Respondent: Ms Rajinder Kaur, CIT-DR
Section 143(3)Section 153CSection 153D

lacks a valid approval. Same is admitted being pure question of law on admitted facts. 3. The admitted facts are that a search and seizure operation was conducted in Shri Sudesh Kumar and Shri Arvind Manchanda, wherein allegedly documents pertaining to the assessee before us were found leading to initiation

Kalakriti Engineering India Ltd, Faridabad vs. DCIT, Central Circle-II, Faridabad

In the result, both appeals i

ITA 3569/DEL/2018[2008-09]Status: DisposedITAT Delhi28 May 2025AY 2008-09

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.3569/िद"ी/2018(िन.व. 2008-09) Kalakriti Engineers India Ltd., (Merged With M/S. Akriti Realtech Ltd., Now Known As M/S. Akriti Global Traders Ltd.,) Shop No. E-40, Nehru Ground, Faridabad, Haryana ...... अपीलाथ"/Appellant Pan: Aaccn-0549-C बनाम Vs. Deputy Commissioner Of Income Tax, ..... "ितवादी/Respondent Central Circle-Ii, Faridabad, Haryana आअसं.3351/िद"ी/2018(िन.व. 2008-09) Deputy Commissioner Of Income Tax, ...... अपीलाथ"/Appellant Central Circle-Ii, Faridabad, Haryana बनाम Vs. Kalakriti Engineers India Ltd., (Merged With M/S. Akriti Realtech Ltd., Now Known As M/S. Akriti Global Traders Ltd.,) Shop No. E-40, Nehru Ground, Faridabad, Haryana ..... "ितवादी/Respondent Pan: Aaccn-0549-C Assessee By : Dr. Rakesh Gupta & Shri Somil Agarwal, Advocates Department By : Shri Javed Akhtar, Cit(Dr) सुनवाई क" ितिथ/ Date Of Hearing : 03.03.2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 03.03.2025

For Appellant: Dr. Rakesh Gupta & Shri Somil Agarwal, AdvocatesFor Respondent: Shri Javed Akhtar, CIT(DR)

hence, appeal of the assessee has to be restored back to the CIT(A) for fresh adjudication. The ld. Counsel submitted that a search and seizure action was carried out on M/s. SRS Group. The name of assessee was linked to said group and the assessee was alleged

DCIT, Central Circle-II, Faridabad vs. Kalakriti Engineering India Ltd, Faridabad

In the result, both appeals i

ITA 3351/DEL/2018[2008-09]Status: DisposedITAT Delhi28 May 2025AY 2008-09

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.3569/िद"ी/2018(िन.व. 2008-09) Kalakriti Engineers India Ltd., (Merged With M/S. Akriti Realtech Ltd., Now Known As M/S. Akriti Global Traders Ltd.,) Shop No. E-40, Nehru Ground, Faridabad, Haryana ...... अपीलाथ"/Appellant Pan: Aaccn-0549-C बनाम Vs. Deputy Commissioner Of Income Tax, ..... "ितवादी/Respondent Central Circle-Ii, Faridabad, Haryana आअसं.3351/िद"ी/2018(िन.व. 2008-09) Deputy Commissioner Of Income Tax, ...... अपीलाथ"/Appellant Central Circle-Ii, Faridabad, Haryana बनाम Vs. Kalakriti Engineers India Ltd., (Merged With M/S. Akriti Realtech Ltd., Now Known As M/S. Akriti Global Traders Ltd.,) Shop No. E-40, Nehru Ground, Faridabad, Haryana ..... "ितवादी/Respondent Pan: Aaccn-0549-C Assessee By : Dr. Rakesh Gupta & Shri Somil Agarwal, Advocates Department By : Shri Javed Akhtar, Cit(Dr) सुनवाई क" ितिथ/ Date Of Hearing : 03.03.2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 03.03.2025

For Appellant: Dr. Rakesh Gupta & Shri Somil Agarwal, AdvocatesFor Respondent: Shri Javed Akhtar, CIT(DR)

hence, appeal of the assessee has to be restored back to the CIT(A) for fresh adjudication. The ld. Counsel submitted that a search and seizure action was carried out on M/s. SRS Group. The name of assessee was linked to said group and the assessee was alleged

DCIT, Centraql Circle-28, New Delhi vs. Geemed Promoters P.Ltd, New Delhi

ITA 2242/DEL/2018[2011-12]Status: DisposedITAT Delhi28 May 2025AY 2011-12

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2011-12 Dcit, Vs Geemed Promoters P. Ltd., Central Circle-28, F-6, Second Floor, New Delhi. Vijay Chowk, Laxmi Nagar, New Delhi – 110 092. Pan: Aaecg1614P Co No.114/Del/2018 (Ita No.2242/Del/2018) Assessment Year: 2011-12 Geemed Promoters P. Ltd., Vs. Dcit, F-6, Second Floor, Central Circle-28, Vijay Chowk, New Delhi. Laxmi Nagar, New Delhi – 110 092. Pan: Aaecg1614P (Appellant) (Respondent) Assessee By : Shri Sachin Jain, Advocate Revenue By : Shri Om Parkash, Sr. Dr Date Of Hearing : 07.05.2025 Date Of Pronouncement : 28.05.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Revenue Against The Order Dated 15.01.2018 Of The Commissioner Of Income-Tax (Appeals)-29, New Delhi Co No.114/Del/2018 (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’, For Short) In Appeal No.298/16-17/Cit(A)-29 Arising Out Of The Appeal Before It Against The Order Dated 19.03.2014 Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Acit, Central Circle-28, New Delhi (Hereinafter Referred To As The Ld. Ao). The Assessee Has Filed Cross Objection. 2. The Revenue Has Taken The Following Grounds Of Appeal:- “1. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs. 10 Crore On Account Of (Paid - Up Share Capital, Share Premium & Security Premium) Credited In Its Books Of Accounts Ignoring The Fact That The Assessee Had Not Discharged Its Primary Onus To Establish The Identity & Creditworthiness Of The Creditors & Genuineness Of The Transaction During Assessment Proceedings.” 2. The Appellant Craves Leave To Add, Alter Or Amend Any/All Of The Grounds Of Appeal Before Or During The Course Of The Hearing Of The Appeal.”

For Appellant: Shri Sachin Jain, AdvocateFor Respondent: Shri Om Parkash, Sr. DR
Section 132Section 143(3)Section 153A

submissions/rejoinder of the appellant and assessment order/remand report of the AO. I find that the order under consideration was passed on 19.03.2014. A search and seizure action was carried out under section 132 of the IT Act in the Ocus group of cases on 12.02.2013. Sh. Ashok Tyagi group (director