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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

Deputy Commissioner of Income Tax, Central Circle-4, Jaipur vs. Kailash Chand Hirawat, Jaipur

Appeal is hereby dismissed as having become infructuous

ITA 1175/JPR/2024[2011-12]Status: DisposedITAT Jaipur06 Feb 2025AY 2011-12

Bench: SHRI GAGAN GOYAL, AM& SHRI NARINDER KUMAR, JM आयकर अपील सं./ITA No. 1175/JPR/2024 निर्धारण वर्ष / Assessment Year: 2011-12 Deputy Commissioner of Income Tax, बनाम Sh. Kailash Chand Hirawat Central Circle-4, VS. 9, Narain Singh Road, Jaipur. Jaipur. अपीलार्थी / Appellant प्रत्यर्थी / Respondent स्थायीलेखा सं./ जीआईआर सं./PAN/GIR No.: AAKPH9224R निर्धारिती की ओरसे / Assesseeby : Shri Rohan Sogani, C.A. राजस्व की ओरसे / Revenue by: Shri Arvind Kumar, CIT-DR, Mrs. Anita Rinesh, JCIT-DR सुनवाई क

For Appellant: Shri Rohan Sogani, C.AFor Respondent: Shri Arvind Kumar, CIT-DR &
Section 132Section 147Section 148Section 153ASection 153CSection 250

from DCIT, Central Circle-4, Jaipur, that the said group indulged in cash loan financing at large scale. The information was based on search and seizure action conducted u/s 132 of the Act in the case of a group known as Ramesh Manihar Group on 07.01.2016. During search, voluminous data ... from DCIT, Central Circle-4, Jaipur, that the said group indulged in cash loan financing at large scale. The information was based on search and seizure action conducted u/s 132 of the Act in the case of a group known as Ramesh Manihar Group on 07.01.2016. During search, voluminous data

Income Tax Officer, Ward-1, Khammam vs. Varalakhsmi Constructions, Khammam

In the result, both the appeal filed by the revenue are dismissed

ITA 304/HYD/2024[2016-17]Status: DisposedITAT Hyderabad04 Feb 2025AY 2016-17

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.303 & 304/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2014-15 & 2016-17) Income Tax Officer Vs. Varalakshmi Ward-1 Constructions Khammam Khammam Pan:Aagfv0744C (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri B Bala Krishna, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 23/01/2025 घोषणा की तारीख/Pronouncement: 04/02/2025 आदेश/Order Per Vijay Pal Raothese Two Appeals Filed By The Revenue Are Directed Against The Separate Orders Of The Learned Cit (A) Nfac Delhi Both Dated 22/01/2024 For The A.Ys 2014-15 & 2016-17 Respectively. The Revenue Has Raised Identical Grounds Of Appeal For These A.Ys. The Grounds Raised By The Revenue For The A.Y 2014-15 Are As Under:

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri B Bala Krishna, CIT(DR)
Section 144Section 148Section 69A

ready reference, the relevant paragraphs are reproduced hereunder: “2. Facts of the case common in all these cases are that there was a search and seizure operation under S.132 of the Act in the case of Madhucon Projects Limited and group of cases on 4.2.2011. After the search

Income Tax Officer, Ward 1, Khammam vs. Varalakshmi Constructions, Khammam

In the result, both the appeal filed by the revenue are dismissed

ITA 303/HYD/2024[2014-15]Status: DisposedITAT Hyderabad04 Feb 2025AY 2014-15

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.303 & 304/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2014-15 & 2016-17) Income Tax Officer Vs. Varalakshmi Ward-1 Constructions Khammam Khammam Pan:Aagfv0744C (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri B Bala Krishna, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 23/01/2025 घोषणा की तारीख/Pronouncement: 04/02/2025 आदेश/Order Per Vijay Pal Raothese Two Appeals Filed By The Revenue Are Directed Against The Separate Orders Of The Learned Cit (A) Nfac Delhi Both Dated 22/01/2024 For The A.Ys 2014-15 & 2016-17 Respectively. The Revenue Has Raised Identical Grounds Of Appeal For These A.Ys. The Grounds Raised By The Revenue For The A.Y 2014-15 Are As Under:

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri B Bala Krishna, CIT(DR)
Section 144Section 148Section 69A

ready reference, the relevant paragraphs are reproduced hereunder: “2. Facts of the case common in all these cases are that there was a search and seizure operation under S.132 of the Act in the case of Madhucon Projects Limited and group of cases on 4.2.2011. After the search