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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

Indu Gupta, Delhi vs. ACIT-CC1-6, Delhi

In the result, the appeal relating to assessment year 2015-16 filed by the assessee is allowed in the aforesaid manner

ITA 6660/DEL/2025[2017-2018]Status: DisposedITAT Delhi20 Mar 2026AY 2017-2018

Bench: Shris.Rifaur Rahman & Shri Sudhir Kumar & Indu Gupta, Vs. Acit, Central Circle-16, 1576, Nai Basti, Jhandewalan Extn., S.P. Mukherjee Marg, New Delhi – 55 Delhi – 110009 (Pan : Abspg2526N) (Appellant) (Respondent) Assessee By : Shri Mohit Gupta, Ca & Shri Mirza Muhiuddin Baig, Ca Revenue By : Ms. Pooja Swaroop, Cit(Dr) Date Of Hearing : 26.02.2026 Date Of Order : 20.03.2026 Order Per S.Rifaur Rahman, Am: 1. These Appeals Are Filed By The Assessee Against The Respective Orders Of Ld. Pr. Commissioner Of Income-Tax Appeals-26, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] For Assessment Years 2015-16 & 2017-18 Respectively. Since The Issues Involved In These Appeals Are Inter-Connected, Hence, The Appeals Were Heard Together & Disposed Of By This Common Order For The Sake Of Convenience, By Dealing With The Facts Of Assessment Year 2015-16, Being The Lead Case. 2. During The Hearing, Ld. Ar Has Submitted That A Search & Seizure Action Was Conducted In The Case Of Rakesh Jain Group On 2.11.2017 Wherein M/S

For Appellant: Shri Mohit Gupta, CA and Shri MirzaFor Respondent: Ms. Pooja Swaroop, CIT(DR)
Section 153ASection 153CSection 153D

dealing with the facts of assessment year 2015-16, being the lead case. 2. During the hearing, Ld. AR has submitted that a search and seizure action was conducted in the case of Rakesh Jain Group on 2.11.2017 wherein M/s 2 Nonand Rai Bhola Nath was also covered under search

Mrs Indu Gupta, Delhi vs. ACIT-CC-16, Delhi

In the result, the appeal relating to assessment year 2015-16 filed by the assessee is allowed in the aforesaid manner

ITA 6659/DEL/2025[2015-2016]Status: DisposedITAT Delhi20 Mar 2026AY 2015-2016

Bench: Shris.Rifaur Rahman & Shri Sudhir Kumar & Indu Gupta, Vs. Acit, Central Circle-16, 1576, Nai Basti, Jhandewalan Extn., S.P. Mukherjee Marg, New Delhi – 55 Delhi – 110009 (Pan : Abspg2526N) (Appellant) (Respondent) Assessee By : Shri Mohit Gupta, Ca & Shri Mirza Muhiuddin Baig, Ca Revenue By : Ms. Pooja Swaroop, Cit(Dr) Date Of Hearing : 26.02.2026 Date Of Order : 20.03.2026 Order Per S.Rifaur Rahman, Am: 1. These Appeals Are Filed By The Assessee Against The Respective Orders Of Ld. Pr. Commissioner Of Income-Tax Appeals-26, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] For Assessment Years 2015-16 & 2017-18 Respectively. Since The Issues Involved In These Appeals Are Inter-Connected, Hence, The Appeals Were Heard Together & Disposed Of By This Common Order For The Sake Of Convenience, By Dealing With The Facts Of Assessment Year 2015-16, Being The Lead Case. 2. During The Hearing, Ld. Ar Has Submitted That A Search & Seizure Action Was Conducted In The Case Of Rakesh Jain Group On 2.11.2017 Wherein M/S

For Appellant: Shri Mohit Gupta, CA and Shri MirzaFor Respondent: Ms. Pooja Swaroop, CIT(DR)
Section 153ASection 153CSection 153D

dealing with the facts of assessment year 2015-16, being the lead case. 2. During the hearing, Ld. AR has submitted that a search and seizure action was conducted in the case of Rakesh Jain Group on 2.11.2017 wherein M/s 2 Nonand Rai Bhola Nath was also covered under search