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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

Vasireddy Vidya Sagar, Guntur vs. The Deputy Commissioner of Income Tax, Central Circle -1, Guntur

ITA 526/VIZ/2024[2020-21]Status: DisposedITAT Visakhapatnam07 Mar 2025AY 2020-21

Bench: Shri K. Narasimha Chary, Hon'Ble & Shri S Balakrishnan, Hon'Bleआयकर अपीलसं./I.Τ.Α.Nos.524, 525 & 526/Viz/2024 (निर्धारण वर्ष/ Assessment Years: 2014-15, 2019-20 & 2020-21) Vasireddy Vidya Sagar D.No. 5-37-44/2, Kalangi Complex 4/7, Brodipet, Guntur - 522002 [Pan: Agzps2420F] V. Dcit – Central Circle – 1 Income Tax Office Lakshmipuram Main Road Guntur - 522006 Andhra Pradesh (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतिनिधित्व/ Assessee Represented By राजस्व का प्रतिनिधित्व/ Department Represented By Shri Mv Prasad, Ca Dr. Aparna Villuri, Sr.Ar सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing घोषणा की तारीख/Date Of Pronouncement 19.02.2025 07.03.2025 आदेश /Order Per Shri S Balakrishnan: 1. These Appeals Are Filed By The Assessee Against Different Orders Of Learned Commissioner Of Income Tax (Appeals), Visakhapatnam – 3 [Hereinafter In Short "Ld.Cit(A)"] Vide Respective Din & Order No. As Stated Below:-

Section 115BSection 132(4)Section 142(1)Section 153C

style of VIVA. Assessee filed his return of income for the A.Y.2014-15 admitting a total income of Rs. 6,92,130/-. A search and seizure Page. No 2 operation was conducted in the case of M/s. Polisetty Somasundaram Group of cases on 28.01.2020. During the course of search and seizure ... 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 in consonance with the provisions of section 65B of the Indian Evidence

Vasireddy Vidya Sagar, Guntur vs. The Deputy Commissioner of Income Tax, Central Circle-1, Guntur

ITA 525/VIZ/2024[2019-20]Status: DisposedITAT Visakhapatnam07 Mar 2025AY 2019-20

Bench: Shri K. Narasimha Chary, Hon'Ble & Shri S Balakrishnan, Hon'Bleआयकर अपीलसं./I.Τ.Α.Nos.524, 525 & 526/Viz/2024 (निर्धारण वर्ष/ Assessment Years: 2014-15, 2019-20 & 2020-21) Vasireddy Vidya Sagar D.No. 5-37-44/2, Kalangi Complex 4/7, Brodipet, Guntur - 522002 [Pan: Agzps2420F] (अपीलार्थी/ Appellant) V. Dcit – Central Circle – 1 Income Tax Office Lakshmipuram Main Road Guntur - 522006 Andhra Pradesh (प्रत्यर्थी/ Respondent) करदाता का प्रतिनिधित्व/ Assessee Represented By राजस्व का प्रतिनिधित्व/ Department Represented By सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing घोषणा की तारीख/Date Of Pronouncement : Shri Mv Prasad, Ca : Dr. Aparna Villuri, Sr.Ar 19.02.2025 07.03.2025 आदेश /Order Per Shri S Balakrishnan: 1. These Appeals Are Filed By The Assessee Against Different Orders Of Learned Commissioner Of Income Tax (Appeals), Visakhapatnam – 3 [Hereinafter In Short "Ld.Cit(A)"] Vide Respective Din & Order No. As Stated Below:-

Section 115BSection 132(4)Section 142(1)Section 153C

style of VIVA. Assessee filed his return of income for the A.Y.2014-15 admitting a total income of Rs. 6,92,130/-. A search and seizure Page. No 2 I.T.A.Nos.524, 525 & 526/VIZ/2024 Vasireddy Vidya Sagar operation was conducted in the case of M/s. Polisetty Somasundaram Group of cases ... During the course of search and seizure proceedings conducted in the business premises of M/s. Polisetty Somasundaram Group on 28.01.2020, a pen drive was found which was seized vide annexure A/PSS/CORP/19 and the copies of the contents are seized vide annexure A/PSS/CORP/18 which contain the details of unaccounted cash transaction

Vasireddy Vidya Sagar, Guntur vs. The Deputy Commissioner of Income Tax, Central Circle-1, Guntur

ITA 524/VIZ/2024[2014-15]Status: DisposedITAT Visakhapatnam07 Mar 2025AY 2014-15

Bench: Shri K. Narasimha Chary, Hon'Ble & Shri S Balakrishnan, Hon'Bleआयकर अपीलसं./I.Τ.Α.Nos.524, 525 & 526/Viz/2024 (निर्धारण वर्ष/ Assessment Years: 2014-15, 2019-20 & 2020-21) Vasireddy Vidya Sagar V. Dcit – Central Circle – 1 D.No. 5-37-44/2, Kalangi Complex 4/7, Brodipet, Guntur - 522002 [Pan: Agzps2420F] (अपीलार्थी/ Appellant) Income Tax Office Lakshmipuram Main Road Guntur - 522006 Andhra Pradesh (प्रत्यर्थी/ Respondent) करदाता का प्रतिनिधित्व/ Assessee Represented By राजस्व का प्रतिनिधित्व/ Department Represented By Shri Mv Prasad, Ca Dr. Aparna Villuri, Sr.Ar सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing 19.02.2025 घोषणा की तारीख/Date Of Pronouncement 07.03.2025 आदेश /Order Per Shri S Balakrishnan: 1. These Appeals Are Filed By The Assessee Against Different Orders Of Learned Commissioner Of Income Tax (Appeals), Visakhapatnam – 3 [Hereinafter In Short "Ld.Cit(A)"] Vide Respective Din & Order No. As Stated Below:-

Section 115BSection 132(4)Section 142(1)Section 153CSection 65B

style of VIVA. Assessee filed his return of income for the A.Y.2014-15 admitting a total income of Rs. 6,92,130/-. A search and seizure Page. No 2 operation was conducted in the case of M/s. Polisetty Somasundaram Group of cases on 28.01.2020. During the course of search and seizure

Deputy Commissioner of Income Tax, Central Circle 3(3)), Bandra Kurla Complex, Mumbai vs. Welspun Living Limited (Formerly Known As Welspun India Ltd), Mumbai

In the result, the appeal is dismissed

ITA 4564/MUM/2024[2018-19]Status: HeardITAT Mumbai07 Mar 2025AY 2018-19

Bench: Shri Saktijit Dey, Vp & Shri Narendra Kumar Billaiya, Am Dy. Cit, Central Circle-3(3) Welspun Living Limited (Formerly Room No. 406, Kautilya Bhawan, Known As Welspun India Ltd.) B Wing, 9Th Floor, Trade World, Bandra Kurla Complex, Bandra (E), Vs. Mumbai-400 051 Lower Parel, Delisle Road, S.O. Mumbai-400 013 Pan/Gir No. Aaacw 1259 N (Appellant) : (Respondent) Appellant By : Shri Harsh M. Kapadia & Shri Ajay Nagpal Respondent By : Dr. Kishor Dhule Date Of Hearing : 25.02.2025 Date Of Pronouncement : 07.03.2025 O R D E R Per Saktijit Dey, Vp: This Is An Appeal By The Revenue Against Order Dated 12.07.2024 Of Learned Commissioner Of Income Tax (Appeals)-51, Mumbai (‘Ld.Cit(A) For Short), Pertaining To Assessment Year (A.Y.) 2018-19. 2. In Ground Nos. 1 & 2, The Revenue Has Challenged Deletion Of Disallowance Made U/S. 14A Of The Income Tax Act, 1961 Read With Rule 8D, While Computing Income Under The Normal Provisions Of The Act, As Also, While Computing Book Profit U/S. 115Jb Of The Act.

For Appellant: Shri Harsh M. Kapadia &For Respondent: Dr. Kishor Dhule
Section 115JSection 14ASection 69A

Rs.48,50,000/- made u/s. 69A of the Act. Briefly the facts are, as alleged by the A.O., in course of a search and seizure operation carried out in case of the assessee, evidences were found indicating that the assessee had received an amount of Rs.48,50,000/-, being ... towards defective machinery supplied by its parent company in Italy, namely, M/s. Bianco SPA. He further observed that in course of such search and seizure operation, statements u/s. 132(4) of the Act was recorded from one of the employees of the assessee, namely, Shri Amit Bhandari, Vice President (Projects