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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

Assistant Commissioner of Income Tax, Central Circle-3(4), Hyderabad vs. Sv Multi Logitech Private Limited, Secunderbad

In the result, appeal filed by the Revenue is dismissed

ITA 81/HYD/2021[2015-16]Status: DisposedITAT Hyderabad18 Feb 2025AY 2015-16

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.81/Hyd/2021 & 82/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2015-16 & 2016-17) Asst.Commissioner Of Vs. S.V.Multi Logitech Income Tax Private Ltd. Central Circle-3(4) Secunderabad Hyderabad [Pan :Aascs7131D] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 25/11/2024 घोर्णध की तधरीख/Date Of 18/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Appeals Filed By The Revenue Are Directed Against Order Dated 04.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2015-16 & 2016-17. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue Are Being Heard Together & Are Being Disposed Off, By This Common Order. S.V.Multi Logitech Private Ltd.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 143(1)Section 143(3)Section 153ASection 68

A.Y.2015-16 on 10.10.2015, declaring total income of Rs.Nil, which was processed u/s 143(1) of the Income Tax Act, 1961 (“the Act”). A search and seizure operation u/s 132 of the Act was conducted in the case of Ajaz Farooqi and his related concerns on 04.07.2017. During the course

Assistant Commissioner of Income Tax, Central Circle-3(4), Hyderabad vs. Zara Investments Private Limited, Hyderabad

In the result appeal filed by the Revenue is dismissed

ITA 65/HYD/2021[2016-17]Status: DisposedITAT Hyderabad18 Feb 2025AY 2016-17

Bench: Shri Manjunatha G. & Shri K.Narsimha Charyआ.अपी.सं /Ita No.64/Hyd/2021 & 65/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12 & 2016-17) Asst.Commissioner Of Vs. M/S Zara Investments Income Tax Pvt.Ltd. Central Circle-3(4) Secunderabad Hyderabad [Pan : Aaacz4043R] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 26/11/2024 घोर्णध की तधरीख/Date Of 18/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Appeals Filed By The Revenue Are Directed Against Order Dated 04.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12 & 2016-17. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue Are Being Heard Together & Are Being Disposed Off, By This Common Order. Zara Investments Pvt. Ltd.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 143(1)Section 153A

total income of Rs.1,34,778/- and the same was processed u/s 143(1) of the Income Tax Act, 1961 (“the Act”). A search and seizure operation u/s 132 of the Act was conducted in the case of assessee company and its related business concerns and other key persons ... interest income of Rs.2,34,267/- and the same was processed u/s 143(1) of the Income Tax Act, 1961 (“the Act”). A search and seizure operation u/s 132 of the Act was conducted in the case of Ajaz Farooqi and his related concerns and individuals on 04.07.2017. During

Neelaraj Vinoth, Perambalur vs. ACIT, CC-2, Trichy

In the result, the appeal of the revenue is dismissed and the CO filed by the assessee is dismissed

ITA 2119/CHNY/2024[2017-18]Status: DisposedITAT Chennai18 Feb 2025AY 2017-18

Bench: Shri George George K, Hon’Ble & Shri S.R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 1982/Chny/2024 & C.O.No. 60/Chny/2024 िनधा"रण वष" / Assessment Year: 2017-18 Assistant Commissioner Of Neelaraj Vinoth, Income Tax, V. 274-C, Thuraiyur Road, Central Circle -2, Perambalur – 621 212, Trichy. Tamilnadu. [Pan: Ajupv-3588-M] (अपीलाथ"/Appellant) (Respondent/Cross Objector) आयकर अपील सं./Ita No.: 2119/Chny/2024 िनधा"रण वष" / Assessment Year: 2017-18 Neelaraj Vinoth, Assistant Commissioner Of 274-C, Thuraiyur Road, V. Income Tax, Perambalur – 621 212, Central Circle -2, Tamilnadu. Trichy. [Pan: Ajupv-3588-M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. G. Baskar, Advocate &For Respondent: Shri. R. Clement Ramesh Kumar, CIT
Section 143(3)Section 153CSection 153DSection 154Section 234A

submitted that the information in this seized letter is not something that came to the knowledge of the Department only due to the search and seizure. The fact that the :-20-: ITA. No: 1982 & 2119/Chny/2024 CO No: 60/Chny/2024 assessee had deducted TDS of Rs.17,01,000/- on the payments made ... ld.AR that the information in this seized letter is not something that came to the knowledge of the Department only due to the search and seizure. The fact that the assessee had deducted TDS of Rs.17,01,000/- on the payments made towards SEBI find place in his Form 26AS

Assistant Commissioner of Income Tax, Central Circle-2, Trichy vs. Neelaraj Vinoth, Perambalur

ITA 1982/CHNY/2024[2017-18]Status: DisposedITAT Chennai18 Feb 2025AY 2017-18

Bench: Shri George George K, Hon'Ble & Shri S.R. Raghunatha, Hon'Bleआयकर अपील सं./Ita No.: 1982/Chny/2024 & C.O.No. 60/Chny/2024 निर्धारण वर्ष / Assessment Year: 2017-18 Assistant Commissioner Of Income Tax, Central Circle -2, Trichy. (अपीलार्थी/Appellant) V. Neelaraj Vinoth, 274-C, Thuraiyur Road, Perambalur – 621 212, Tamilnadu. [Pan: Ajupv-3588-M] (Respondent/Cross Objector) आयकर अपील सं./Ita No.: 2119/Chny/2024 निर्धारण वर्ष / Assessment Year: 2017-18 Neelaraj Vinoth, 274-C, Thuraiyur Road, Perambalur – 621 212, Tamilnadu. [Pan: Ajupv-3588-M] (अपीलार्थी/Appellant) V. Assistant Commissioner Of Income Tax, Central Circle -2, Trichy. (प्रत्यर्थी/Respondent) Assessee By : Shri. G. Baskar, Advocate & Shri. P.M. Kathir, Advocate Department By : Shri. R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/Date Of Hearing : 06.02.2025 घोषणा की तारीख/Date Of Pronouncement : 18.02.2025 आदेश / Order Per S.R.Raghunatha, Am: :-2-:

For Appellant: Shri. G. Baskar, Advocate &For Respondent: Shri. R. Clement Ramesh Kumar, CIT
Section 143(3)Section 153CSection 153DSection 154Section 234A

submitted that the information in this seized letter is not something that came to the knowledge of the Department only due to the search and seizure. The fact that the assessee had deducted TDS of Rs.17,01,000/- on the payments made towards SEBI find place in his Form 26AS

Assistant Commissioner of Income Tax, Central Circle 3(4), Hyderabad vs. Aijaz Investments &Estates Private Limited, Hyderabad

In the result, appeal filed by the Revenue is dismissed

ITA 80/HYD/2021[2014-15]Status: DisposedITAT Hyderabad17 Feb 2025AY 2014-15

Bench: Shri Manjunatha G. & Shri K.Narsimha Charyआ.अपी.सं /Ita No.78/Hyd/2021 To 80/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12, 2013-14 & 2014-15) Asst.Commissioner Of Vs. M/S Aijaz Investments Income Tax & Estates Pvt.Ltd. Central Circle-3(4) Secunderabad Hyderabad [Pan : Aaica2190E] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 21/11/2024 घोर्णध की तधरीख/Date Of 17/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Appeals Filed By The Revenue Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12, 2013-14 & 2014-15. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue Are Being Heard Together & Are Being Disposed Off By This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 143(1)Section 153ASection 153C

total income of Rs.2,34,267/- and the same was processed u/s 143(1) of the Income Tax Act, 1961 (“the Act”). A search and seizure operation u/s 132 of the Act was conducted in the case of Ajaz Farooqi and his related concerns and individuals on 04.07.2017. During ... total income of Rs.02,07,050/- and the same was processed u/s 143(1) of the Income Tax Act, 1961 (“the Act”). A search and seizure operation u/s 132 of the Act was conducted in the case of Ajaz Farooqi and his related concerns on 04.07.2017. During the course

Assistant Commissioner of Income Tax, Central Circle 3(4), Hyderabad vs. Aijaz Investments & Estates Private Limited, Secunderabad

In the result, appeal filed by the Revenue is dismissed

ITA 79/HYD/2021[2013-14]Status: DisposedITAT Hyderabad17 Feb 2025AY 2013-14

Bench: Shri Manjunatha G. & Shri K.Narsimha Charyआ.अपी.सं /Ita No.78/Hyd/2021 To 80/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12, 2013-14 & 2014-15) Asst.Commissioner Of Vs. M/S Aijaz Investments Income Tax & Estates Pvt.Ltd. Central Circle-3(4) Secunderabad Hyderabad [Pan : Aaica2190E] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 21/11/2024 घोर्णध की तधरीख/Date Of 17/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Appeals Filed By The Revenue Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12, 2013-14 & 2014-15. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue Are Being Heard Together & Are Being Disposed Off By This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 143(1)Section 153ASection 153C

total income of Rs.2,34,267/- and the same was processed u/s 143(1) of the Income Tax Act, 1961 (“the Act”). A search and seizure operation u/s 132 of the Act was conducted in the case of Ajaz Farooqi and his related concerns and individuals on 04.07.2017. During ... total income of Rs.02,07,050/- and the same was processed u/s 143(1) of the Income Tax Act, 1961 (“the Act”). A search and seizure operation u/s 132 of the Act was conducted in the case of Ajaz Farooqi and his related concerns on 04.07.2017. During the course

Assistant Commissioner of Income Tax, Central Circle -3(4), Hyderabad vs. Aijaz Investments & Estates Private Limited, Hyderabad

In the result, appeal filed by the Revenue is dismissed

ITA 78/HYD/2021[2011-12]Status: DisposedITAT Hyderabad17 Feb 2025AY 2011-12

Bench: Shri Manjunatha G. & Shri K.Narsimha Charyआ.अपी.सं /Ita No.78/Hyd/2021 To 80/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12, 2013-14 & 2014-15) Asst.Commissioner Of Vs. M/S Aijaz Investments Income Tax & Estates Pvt.Ltd. Central Circle-3(4) Secunderabad Hyderabad [Pan : Aaica2190E] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 21/11/2024 घोर्णध की तधरीख/Date Of 17/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Appeals Filed By The Revenue Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12, 2013-14 & 2014-15. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue Are Being Heard Together & Are Being Disposed Off By This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 143(1)Section 153ASection 153C

total income of Rs.2,34,267/- and the same was processed u/s 143(1) of the Income Tax Act, 1961 (“the Act”). A search and seizure operation u/s 132 of the Act was conducted in the case of Ajaz Farooqi and his related concerns and individuals on 04.07.2017. During ... total income of Rs.02,07,050/- and the same was processed u/s 143(1) of the Income Tax Act, 1961 (“the Act”). A search and seizure operation u/s 132 of the Act was conducted in the case of Ajaz Farooqi and his related concerns on 04.07.2017. During the course

Assistant Commissioner of Income Tax, Central Circle -3(4), Hyderabad vs. Shoeb Estates Private Limited, Hyderabad

In the result, appeal filed by the Revenue is dismissed

ITA 76/HYD/2021[2011-12]Status: DisposedITAT Hyderabad17 Feb 2025AY 2011-12

Bench: Shri Manjunatha G. & Shri K.Narsimha Charyआ.अपी.सं /Ita No.76/Hyd/2021 & 77/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12 & 2016-17) Asst.Commissioner Of Vs. M/S Shoeb Estates Income Tax Pvt.Ltd. Central Circle-3(4) Secunderabad Hyderabad [Pan : Aancs8525Q] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 21/11/2024 घोर्णध की तधरीख/Date Of 17/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Appeals Filed By The Revenue Are Directed Against Order Dated 14.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12 & 2016-17. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue Are Being Heard Together & Are Being Disposed Off, By This Common Order. Shoeb Estates Pvt. Ltd.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 143(1)Section 153ASection 153C

total income of Rs.1,35,469/- and the same was processed u/s 143(1) of the Income Tax Act, 1961 (“the Act”). A search and seizure operation u/s 132 of the Act was conducted in the case of Ajaz Farooqi and his related concerns on 04.07.2017. During the course ... total income of Rs.1,71,870/- and the same was processed u/s 143(1) of the Income Tax Act, 1961 (“the Act”). A search and seizure operation u/s 132 of the Act was conducted in the case of Ajaz Farooqi and his related concerns on 04.07.2017. During the course