← 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

Assistant Commissioner of Income Tax, Central Circle, Bareilly vs. Ankur Anand, Bareilly

Appeals of the Department stand dismissed

ITA 337/LKW/2025[2015-16]Status: DisposedITAT Lucknow13 Feb 2026AY 2015-16

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyit(Ss) A Nos.336 & 337/Lkw/2025 Assessment Years: 2014-15 & 2015-16 Acit, Central Circle, Bareilly Vs. Ankur Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Agppa4219C (Appellant) (Respondent) It(Ss)A No.334/Lkw/2025 Assessment Year:2015-16 Acit, Central Circle, Bareilly Vs. Mohit Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Abupa3002H (Appellant) (Respondent)

For Appellant: Shri Neeraj Kumar, CIT (DR)For Respondent: Shri Rakesh Garg, Advocate
Section 10(38)Section 132Section 143(3)Section 153ASection 68

No.334/LKW/2025 are that in this case, the original return was filed declaring a total income of Rs.16,86,100/- on 14.03.2016. Subsequently, a search and seizure operation was carried out by the Investigation Wing of the Income Tax Department in Harsahaimal Shaimlal Jewellers Pvt. Ltd. group of cases ... Income Tax Act, 1961(hereinafter called “the Act’). As per the assessment order, during the course of the above said search and seizure operations, various materials/documents were found and seized/impounded and statements were also recorded. Subsequently, the case of assessee was centralized and notice under section 153A

Assistant Commissioner of Income Tax, Central Circle, Bareilly vs. Ankur Anand, Bareilly

Appeals of the Department stand dismissed

ITA 336/LKW/2025[2014-15]Status: DisposedITAT Lucknow13 Feb 2026AY 2014-15

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyit(Ss) A Nos.336 & 337/Lkw/2025 Assessment Years: 2014-15 & 2015-16 Acit, Central Circle, Bareilly Vs. Ankur Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Agppa4219C (Appellant) (Respondent) It(Ss)A No.334/Lkw/2025 Assessment Year:2015-16 Acit, Central Circle, Bareilly Vs. Mohit Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Abupa3002H (Appellant) (Respondent)

For Appellant: Shri Neeraj Kumar, CIT (DR)For Respondent: Shri Rakesh Garg, Advocate
Section 10(38)Section 132Section 143(3)Section 153ASection 68

No.334/LKW/2025 are that in this case, the original return was filed declaring a total income of Rs.16,86,100/- on 14.03.2016. Subsequently, a search and seizure operation was carried out by the Investigation Wing of the Income Tax Department in Harsahaimal Shaimlal Jewellers Pvt. Ltd. group of cases ... Income Tax Act, 1961(hereinafter called “the Act’). As per the assessment order, during the course of the above said search and seizure operations, various materials/documents were found and seized/impounded and statements were also recorded. Subsequently, the case of assessee was centralized and notice under section 153A

Assistant Commisioner of Income Tax, Central Circle, Bareilly vs. Mohit Anand, Bareilly

Appeals of the Department stand dismissed

ITA 334/LKW/2025[2015-16]Status: DisposedITAT Lucknow13 Feb 2026AY 2015-16

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyit(Ss) A Nos.336 & 337/Lkw/2025 Assessment Years: 2014-15 & 2015-16 Acit, Central Circle, Bareilly Vs. Ankur Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Agppa4219C (Appellant) (Respondent) It(Ss)A No.334/Lkw/2025 Assessment Year:2015-16 Acit, Central Circle, Bareilly Vs. Mohit Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Abupa3002H (Appellant) (Respondent)

For Appellant: Shri Neeraj Kumar, CIT (DR)For Respondent: Shri Rakesh Garg, Advocate
Section 10(38)Section 132Section 143(3)Section 153ASection 68

No.334/LKW/2025 are that in this case, the original return was filed declaring a total income of Rs.16,86,100/- on 14.03.2016. Subsequently, a search and seizure operation was carried out by the Investigation Wing of the Income Tax Department in Harsahaimal Shaimlal Jewellers Pvt. Ltd. group of cases ... Income Tax Act, 1961(hereinafter called “the Act’). As per the assessment order, during the course of the above said search and seizure operations, various materials/documents were found and seized/impounded and statements were also recorded. Subsequently, the case of assessee was centralized and notice under section 153A

Ramesh Babu Segu, Hyderabad vs. ACIT., Central Circle -1(1), Hyderabad

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 137/HYD/2025[2018-19]Status: DisposedITAT Hyderabad13 Feb 2026AY 2018-19

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.137/Hyd/2025 ("नधा"रण वष"/Assessment Year:2018-19) Ramesh Babu Segu, Vs. Acit, Hyderabad. Central Circle-1(1), Pan: Amrps2069N Hyderabad. (Appellant) (Respondent) "नधा"रती "वारा/Assessee By: Sri K A Sai Prasad, Ca राज" व "वारा/Revenue By:: Ms. Payal Gupta, Sr. Ar सुनवाई क" तार"ख/Date Of Hearing: 11/02/2026 घोषणा क" तार"ख/Pronouncement: 13/02/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Ramesh Babu Segu (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad (“Ld. Cit(A)”), Dated 19/11/2024 For The Assessment Year (“A.Y.”) 2018-19. 2. The Assessee Has Raised The Following Grouds Of Appeal:

For Appellant: Sri K A Sai Prasad, CAFor Respondent: : Ms. Payal Gupta, Sr. AR
Section 132Section 143(2)Section 153CSection 69CSection 80C

assessee filed his return of income for the assessment year 2018–19 on 31.08.2018, declaring total income of Rs.6,59,820/-. Subsequently, a search and seizure operation under section 132 of the Income Tax Act, 1961 (“the Act”) was conducted on 28.01.2020 in the case of Polisetty Somasundaram Group. During

ACIT, Central Circle-1(1), Hyderabad vs. Ramesh Babu Segu, Hyderabad

ITA 1277/HYD/2024[2017-18]Status: DisposedITAT Hyderabad13 Feb 2026AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1277/Hyd/2024 (निर्धारण वर्ष/Assessment Year:2017-18) Acit, Central Circle-1(1), Hyderabad. (Appellant) Vs. Ramesh Babu Segu, Hyderabad. Pan: Amrps2069N (Respondent) C.O. No.03/Hyd/2025 (In आ.अपी.सं /Ita No.1277/Hyd/2024) (निर्धारण वर्ष/Assessment Year:2017-18) Ramesh Babu Segu, Hyderabad. Pan: Amrps2069N (Appellant) Vs. Acit, Central Circle-1(1), Hyderabad. (Respondent) निर्धारिती द्वारा/Assessee By: Shri K A Sai Prasad, Ca राजस्व द्वारा/Revenue By:: Ms. Payal Gupta, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 11/02/2026 घोषणा की तारीख/Pronouncement: 13/02/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: The Captioned Appeal Is Filed By The Revenue Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad ("Ld. Cit(A)”), Dated 11/10/2024 For The Assessment Year (“A.Y.”) 2017-18. The Assessee Has Also Raised The Cross Objection For The A.Y.2017-

For Appellant: Shri K A Sai Prasad, CAFor Respondent: : Ms. Payal Gupta, Sr. AR
Section 132Section 143(2)Section 143(3)Section 153CSection 65BSection 69C

filed his return of income for the Assessment Year (“A.Y.”) 2017–18 on 30.03.2018, declaring total income of Rs.5,55,050/-. Subsequently, a search and seizure operation under section 132 of the Income Tax Act, 1961 (“the Act") was conducted on 28.01.2020 in the Page 2 of 20 ITA No.1277/Hyd/2024 ... CBDT has issued an Investigation Manual for the purpose of collecting Digital Evidence in the cases of search and seizure. In para 2.6.3 of the said Manual, the CBDT has advised that the procedure has to be consonance with the provisions of section 65B of the Indian Evidence

Happy Suppliers Pvt. Ltd., (Merged With Rishi Securities & Finance Private Limited), Kolkata vs. ACIT, Central Circle 3(1), Kolkata

In the result, both the captioned appeals of the assessee are allowed

ITA 2578/KOL/2025[2021-2022]Status: DisposedITAT Kolkata12 Feb 2026AY 2021-2022

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2577 & 2578/Kol/2025 (Assessment Years: 2016-17 & 2021-22) Happy Suppliers Pvt. Ltd (Merged With Rishi Securities & Finance Private Limited)……….……….……Appellant Octavius Centre, 1St Floor, 15B, Hemant Basu Sarani, Kol-1. [Pan: Aabch9212M] Vs. Acit, Central Circle-3(1), Kolkata….……………………….....……...…..…..Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Lata Goyal, Ca, Appeared On Behalf Of The Appellant. Shri Sandip Sarkar, Jcit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 28, 2026 Date Of Pronouncing The Order : February 12, 2026 Order Per Pradip Kumar Choubey: Both The Present Appeals Have Been Preferred By The Assessee Against Separate Orders Dated 08.09.25 & 28.08.2025 Of The Commissioner Of Income Tax (Exemption)-21, Kolkata [Hereinafter Referred To As ‘Cit(E)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since Both The Appeals Relate To The Assessee & Facts Are Similar, Therefore, These Appeals Were Heard Together & We Are Going To Dispose Of These Appeals By Passing A Consolidated Order. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Relevant A.Y Declaring Nil Income. A Search & Seizure

Section 132Section 143(2)Section 147Section 148Section 250Section 56(2)Section 56(2)(x)Section 69Section 69A

Brief facts of the case are that the assessee filed its return of income for the relevant A.Y declaring NIL income. A search and seizure ITA Nos.2577 & 2578/Kol/2025 Happy Suppliers Pvt. Ltd operation u/s 132 of the Act was conducted upon Fogla Group of companies and other associated entities ... assessee on the additional ground. Happy Suppliers Pvt. Ltd 8. Coming to the facts of the case, we find that a search and seizure operation u/s 132 of the Act was conducted upon Fogla Group of companies and other associated entities on 13.09.2023, wherein Happy Suppliers Pvt Ltd was also

Happy Suppliers Pvt. Ltd., (Merged With Rishi Securities & Finance Private Limited), Kolkata vs. ACIT, Central Circle 3(1), Kolkata

In the result, both the captioned appeals of the assessee are allowed

ITA 2577/KOL/2025[2016-2017]Status: DisposedITAT Kolkata12 Feb 2026AY 2016-2017

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2577 & 2578/Kol/2025 (Assessment Years: 2016-17 & 2021-22) Happy Suppliers Pvt. Ltd (Merged With Rishi Securities & Finance Private Limited)……….……….……Appellant Octavius Centre, 1St Floor, 15B, Hemant Basu Sarani, Kol-1. [Pan: Aabch9212M] Vs. Acit, Central Circle-3(1), Kolkata….……………………….....……...…..…..Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Lata Goyal, Ca, Appeared On Behalf Of The Appellant. Shri Sandip Sarkar, Jcit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 28, 2026 Date Of Pronouncing The Order : February 12, 2026 Order Per Pradip Kumar Choubey: Both The Present Appeals Have Been Preferred By The Assessee Against Separate Orders Dated 08.09.25 & 28.08.2025 Of The Commissioner Of Income Tax (Exemption)-21, Kolkata [Hereinafter Referred To As ‘Cit(E)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since Both The Appeals Relate To The Assessee & Facts Are Similar, Therefore, These Appeals Were Heard Together & We Are Going To Dispose Of These Appeals By Passing A Consolidated Order. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Relevant A.Y Declaring Nil Income. A Search & Seizure

Section 132Section 143(2)Section 147Section 148Section 250Section 56(2)Section 56(2)(x)Section 69Section 69A

Brief facts of the case are that the assessee filed its return of income for the relevant A.Y declaring NIL income. A search and seizure ITA Nos.2577 & 2578/Kol/2025 Happy Suppliers Pvt. Ltd operation u/s 132 of the Act was conducted upon Fogla Group of companies and other associated entities ... assessee on the additional ground. Happy Suppliers Pvt. Ltd 8. Coming to the facts of the case, we find that a search and seizure operation u/s 132 of the Act was conducted upon Fogla Group of companies and other associated entities on 13.09.2023, wherein Happy Suppliers Pvt Ltd was also