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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 Gujarat Realtores, Mumbai vs. Deputy Commissioner of Income Tax, Central Circle 1, Thane

In the result, the appeal for assessment year 2009

ITA 3525/MUM/2023[2013-14]Status: DisposedITAT Mumbai30 May 2024AY 2013-14

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3523 To 3525/Mum/2023 Assessment Years: 2009-10, 2012-13, 2013-14 M/S Gujarat Realtors, Dy. Cit Central Circle-1, Ground Floor, Samriddhi, Room No. 10, 6Th Floor, Ashar Annapurna Estate, Indralok, Vs. It Park, Wagle Industrial Godhbunder Link Road, Thane, Estate, Thane (W)-400604. Bhayander, 401105. Pan No. Aahfg 0051 C Appellant Respondent Assessee By : Mr. Anuj Kisnadwala Revenue By : Mr. Manoj Kumar Singh, Sr. Dr Date Of Hearing : 16/04/2024 : Date Of Pronouncement 30/05/2024

For Appellant: Mr. Anuj KisnadwalaFor Respondent: Mr. Manoj Kumar Singh, Sr. DR
Section 143(3)Section 147Section 148Section 153CSection 234BSection 36Section 68

Thane 2, Thane vide letter No. THN/ACIT/C2/Case Tfr/2017 THN/ACIT/C2/Case Tfr/2017-18/1440 dated 28.02.2018. The information 18/1440 dated 28.02.2018. The information states that a search and seizure action u/s 132 of the I.T. Act was carried states that a search and seizure action u/s 132 of the I.T. Act was carried states ... that a search and seizure action u/s 132 of the I.T. Act was carried out in the case of Shri Pravin Kumar Jain and his associates on 01.10.2013. out in the case of Shri Pravin Kumar Jain and his associates on 01.10.2013. out in the case of Shri Pravin Kumar

M/S Gujarat Realtores, Mumbai Suburban vs. Deputy Commissioner of Income Tax -Central Circle 1, Thane

In the result, the appeal for assessment year 2009

ITA 3524/MUM/2023[2012-13]Status: DisposedITAT Mumbai30 May 2024AY 2012-13

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3523 To 3525/Mum/2023 Assessment Years: 2009-10, 2012-13, 2013-14 M/S Gujarat Realtors, Dy. Cit Central Circle-1, Ground Floor, Samriddhi, Room No. 10, 6Th Floor, Ashar Annapurna Estate, Indralok, Vs. It Park, Wagle Industrial Godhbunder Link Road, Thane, Estate, Thane (W)-400604. Bhayander, 401105. Pan No. Aahfg 0051 C Appellant Respondent Assessee By : Mr. Anuj Kisnadwala Revenue By : Mr. Manoj Kumar Singh, Sr. Dr Date Of Hearing : 16/04/2024 : Date Of Pronouncement 30/05/2024

For Appellant: Mr. Anuj KisnadwalaFor Respondent: Mr. Manoj Kumar Singh, Sr. DR
Section 143(3)Section 147Section 148Section 153CSection 234BSection 36Section 68

Thane 2, Thane vide letter No. THN/ACIT/C2/Case Tfr/2017 THN/ACIT/C2/Case Tfr/2017-18/1440 dated 28.02.2018. The information 18/1440 dated 28.02.2018. The information states that a search and seizure action u/s 132 of the I.T. Act was carried states that a search and seizure action u/s 132 of the I.T. Act was carried states ... that a search and seizure action u/s 132 of the I.T. Act was carried out in the case of Shri Pravin Kumar Jain and his associates on 01.10.2013. out in the case of Shri Pravin Kumar Jain and his associates on 01.10.2013. out in the case of Shri Pravin Kumar