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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

Sen Ferro Alloys (P) Ltd., Kolkata vs. A.C.I.T., CC - 4(3), Kolkata

ITA 2359/KOL/2024[2015-2016]Status: DisposedITAT Kolkata29 Jan 2026AY 2015-2016

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.2358 & 2359/Kol/2024 (निर्धारण वर्ष / Assessment Year : 2014-2015 & 2015-2016) Sen Ferro Alloys (P) Ltd., Vs Acit, Cc-4(3), Kolkata C/O S.N.Ghosh & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata,Wb-700001 Pan No. :Aaics 0672 B (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) निर्धारिती की ओर से / Assessee By : Shri Somnath Ghosh, Advocate राजस्व की ओर से /Revenue By : Shri Altaf Hussain, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 29/01/2026 घोषणा की तारीख/Date Of Pronouncement : 29/01/2026 आदेश / Order Per George Mathan, Am: These Are Two Appeals Filed By The Assessee Against The Order Passed By The Id. Cit(A), Kolkata-27, Both Dated 26.09.2024 For The

For Appellant: Shri Somnath Ghosh, AdvocateFor Respondent: Shri Altaf Hussain, Sr. DR
Section 132Section 142(1)Section 143(2)Section 153A

Notice-matter regarding Please refer to the above. 2. You are aware that a search and seizure operation u/s 132 of the I.T. Act'61 was conducted on 01.12.2015 and subsequent dates on the BHALOTIA group of assessees in which you were also included. Notice u/s 153A ... account, balance sheet, tax audit report, statutory audit report filed wherever necessary along with the return has been examined. 4. In course of search and seizure operation/survey operation besides obtaining inventory of books of accounts and other documents, electronic storage devices and stock found, statements of the persons present were

Sen Ferro Alloys (P) Ltd., Kolkata vs. A.C.I.T., CC - 4(3), Kolkata

ITA 2358/KOL/2024[2014-2015]Status: DisposedITAT Kolkata29 Jan 2026AY 2014-2015

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.2358 & 2359/Kol/2024 (निर्धारण वर्ष / Assessment Year : 2014-2015 & 2015-2016) Vs Sen Ferro Alloys (P) Ltd., C/O S.N.Ghosh & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata,Wb-700001 Pan No. :Aaics 0672 B Acit, Cc-4(3), Kolkata (अपीलार्थी/Appellant) (प्रत्यर्थी / Respondent) निर्धारिती की ओर से / Assessee By : Shri Somnath Ghosh, Advocate राजस्व की ओर से /Revenue By : Shri Altaf Hussain, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 29/01/2026 घोषणा की तारीख/Date Of Pronouncement : 29/01/2026 आदेश / Order Per George Mathan, Am: These Are Two Appeals Filed By The Assessee Against The Order Passed By The Id. Cit(A), Kolkata-27, Both Dated 26.09.2024 For The

For Appellant: Shri Somnath Ghosh, AdvocateFor Respondent: Shri Altaf Hussain, Sr. DR
Section 132Section 142(1)Section 143(2)Section 153A

Notice-matter regarding Please refer to the above. 2. You are aware that a search and seizure operation u/s 132 of the I.T. Act'61 was conducted on 01.12.2015 and subsequent dates on the BHALOTIA group of assessees in which you were also included. Notice u/s 153A ... account, balance sheet, tax audit report, statutory audit report filed wherever necessary along with the return has been examined. 4. In course of search and seizure operation/survey operation besides obtaining inventory of books of accounts and other documents, electronic storage devices and stock found, statements of the persons present were