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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

Mohammed Taj, Kolkata vs. D.C.I.T., CC - 3(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1184/KOL/2024[2021-2022]Status: DisposedITAT Kolkata20 Nov 2024AY 2021-2022

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1184/Kol/2024 Assessment Year: 2021-22 Mohammed Taj……….………………………..……….………….…..……Appellant 11, Balmukund Macker Road, Kolkata – 700007. [Pan: Aaccpt0441J] Vs. Dcit, Central Circle-3(1), Kolkata.…....…………..…........……...…..…..Respondent Appearances By: Shri Manish Tiwari, Ar, Appeared On Behalf Of The Appellant. Shri A. Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 12, 2024 Date Of Pronouncing The Order : November 20, 2024 Order Per Sonjoy Sarma: The Present Appeal Has Been Filed By The Assessee Against The Order Dated 28.03.2024 Of The Commissioner Of Income Tax (Appeals)-21, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Its Return Of Income On 26.03.2022 Declaring Total Income Of Rs.38,93,560/- U/S Section 139 Of The Act. Subsequently, A Search & Seizure Operation U/S 132 Of The Act Was Conducted On 13.01.2021 In The Case Of Hospitality Group Of Cases To Which The Assessee Belongs. The Search Operation Extended To The Premises Of The Assessee At 11, Bal Mukund Mackar Road, Khaja House, Barabazar, Kolkata-700007. Following The Search Operation, The Case Of The Assessee Was Centralized With Central Circle-3(1), Kolkata & Subsequently, The Case Was Transferred To The Pr. Cit-13, Kolkata. Consequently, A Notice U/S 143(2) Of The Act Was Issued Which Was Followed By Issuing A Notice U/S 142(1)

Section 132Section 139Section 142(1)Section 143(2)Section 250Section 69C

filed its return of income on 26.03.2022 declaring total income of Rs.38,93,560/- u/s section 139 of the Act. Subsequently, a search and seizure operation u/s 132 of the Act was conducted on 13.01.2021 in the case of Hospitality Group of cases to which the assessee belongs. The search

Vinod Kumar Bajaj, New Delhi vs. DCIT Central Circle-32, New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 2189/DEL/2023[2018-19]Status: DisposedITAT Delhi20 Nov 2024AY 2018-19

Bench: Shri Saktijit Dey, Hon’Ble & Shri S.Rifaur Rahmanvinod Kumar Bajaj, Vs. Dcit, Plot No.1, Shivaji Enclave Road, Central Circle 32, Rajouri Garden, New Delhi. New Delhi – 110027. (Pan : Aadcr0962Q) (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate Shri Amit Garg, Ca Revenue By : Ms. Sapna Bhatia, Cit Dr Date Of Hearing : 09.09.2024 Date Of Order : 20.11.2024 Order Per S.Rifaur Rahman,Am: 1. This Appeal Has Been Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-30, New Delhi [For Short ‘The Ld. Cit (A)] Dated 15.06.2023 For Assessment Year 2018-19 Raising Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case, The Order Passed By The Learned Commissioner Of Income Tax (Appeals) [Cit (A)] Is Bad Both In The Eye Of Law & On Facts. 2. On The Facts & Circumstances Of The Case, The Learned Cit(A) Has Erred, Both On Facts & In Law, In Rejecting The Contention Of The Assessee That The Order Passed By The Learned Ao Under Section 153Ar.W.S 143(3) Is Illegal & Bad In Law As The Same Has Been Passed Without Having Valid Jurisdiction.

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Ms. Sapna Bhatia, CIT DR
Section 153ASection 153DSection 234BSection 69A

current assessment year on 14.08.2018 declaring total income of Rs.11,83,580/- under the head House Property and Other Sources. 4. A search and seizure operation u/s 132 of the Income-tax Act, 1961 (for short ‘the Act’) was carried in the case of Bajaj Group on 20.04.2017 at various ... been carefully perused. The 5 relevant part of written submissions filed by the appellant are reproduced as under: 9.1. Your honour, a search and seizure action was carried out in the case of RNB Group on 20.04.2017. In consequence to the said search, and seiy.ure action the hank lockers