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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

M/S Intent Infraprojects Pvt Ltd, Kolkata vs. ITO, Ward 7(3), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 38/KOL/2022[2012-13]Status: DisposedITAT Kolkata04 Sept 2024AY 2012-13

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.38/Kol/2022 Assessment Year: 2012-13 M/S Intent Infraprojects Pvt. Ltd.….............………....……………....Appellant 4/8, Chinar Park Athghora, 24 Parganas South, Kolkata – 700157. [Pan: Aacci8387B] Vs. Ito, Ward-7(3), Kolkata.…………....................................…..…..... Respondent Appearances By: Shri S. Jhajharia, Ar, Appeared On Behalf Of The Assessee. Shri Abhijit Kundu, Cit- Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : August 08, 2024 Date Of Pronouncing The Order : September 04, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 25.04.2019 Of The Commissioner Of Income Tax (Appeals)-3, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Earlier, The Appeal Of The Assessee Was Dismissed Being Barred By Limitation By 927 Days Vide Order Dated 24.01.2023 Of The Tribunal. The Assessee Preferred Appeal Before The Hon’Ble High Court Against The Aforesaid Dismissal, However, The Hon’Ble High Court Vide Order Dated 22.01.2024 Passed In Itat/2011/2023 Allowed The Appeal & Condoned The Delay In Filing The Appeal Before This Tribunal Subject To The Conditions That The Appellant/Assessee Would Pay A Sum Of Rs.5 Lakhs To The West Bengal Legal Services Authority. Thereafter, The

Section 132Section 143(2)Section 143(3)Section 153ASection 250

issued to the assessee on 08.08.2013, however, during the pendency of the scrutiny assessment proceedings, a search and seizure operation u/s 132 of the Act was carried out in the case of the assessee on 03.03.2015. The impugned assessment order is dated 23.03.2015. As per the 2nd Proviso to section ... ready reference, is reproduced as under: “In pursuance of warrant of authorization issued by the Director of Income Tax (Investigation), Kolkata, a search and seizure operation u/s 132 of the Income Tax Act 1961 was carried out in the residential and business premise of “Gagan group” situated at various location