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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

Udaya Sridhar Reddy Siddareddy, Visakhapatnam vs. DCIT Central Circle 2(4), Hyderabad

In the result, appeals filed by the assessee are partly allowed

ITA 526/HYD/2023[2017-18]Status: DisposedITAT Hyderabad17 May 2024AY 2017-18

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.523 To 526/Hyd/2023 (िनधा"रण वष"/Assessment Years: 2014-15 To 2017-18) Shri Udaya Sridhar Reddy Vs. Dy. C. I. T. Siddareddy Central Circle 2(4) Visakhapatnam Hyderabad Pan:Aiyps1063R (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: N O N E राज" व "ारा/Revenue By:: Shri Rahul Singhani, Dr सुनवाई की तारीख/Date Of Hearing: 16/05/2024 घोषणा की तारीख/Pronouncement: 17/05/2024 आदेश/Order Per Laliet Kumar, J.M These 4 Appeals Filed By The Assessee Are Directed Against The Separate Order Dated 30.08.2023 Of The Learned Cit (A)-12, Hyderabad, Relating To A.Ys.2014-15 To 2017-18. 2. At The Time Of Hearing, None Appeared On Behalf Of The Assessee On 15.5.2024 As Well As On 16.05.2024. Hence, We Are Page 1 Of 14

For Appellant: N O N EFor Respondent: : Shri Rahul Singhani, DR
Section 133A(3)(ia)Section 153ASection 2

fish farming during the year and that he had taken 348.25 Ac of land for lease for fish farming during the year. A search and seizure operation was conducted in the case of M/s. RVR Projects Private Limited & others Group in which the assessee was also covered. Subsequently, the case

Udaya Sridhar Reddy Siddareddy, Visakhapatnam vs. DCIT Central Circle 2(4), Hyderabad

In the result, appeals filed by the assessee are partly allowed

ITA 525/HYD/2023[2016-17]Status: DisposedITAT Hyderabad17 May 2024AY 2016-17

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.523 To 526/Hyd/2023 (िनधा"रण वष"/Assessment Years: 2014-15 To 2017-18) Shri Udaya Sridhar Reddy Vs. Dy. C. I. T. Siddareddy Central Circle 2(4) Visakhapatnam Hyderabad Pan:Aiyps1063R (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: N O N E राज" व "ारा/Revenue By:: Shri Rahul Singhani, Dr सुनवाई की तारीख/Date Of Hearing: 16/05/2024 घोषणा की तारीख/Pronouncement: 17/05/2024 आदेश/Order Per Laliet Kumar, J.M These 4 Appeals Filed By The Assessee Are Directed Against The Separate Order Dated 30.08.2023 Of The Learned Cit (A)-12, Hyderabad, Relating To A.Ys.2014-15 To 2017-18. 2. At The Time Of Hearing, None Appeared On Behalf Of The Assessee On 15.5.2024 As Well As On 16.05.2024. Hence, We Are Page 1 Of 14

For Appellant: N O N EFor Respondent: : Shri Rahul Singhani, DR
Section 133A(3)(ia)Section 153ASection 2

fish farming during the year and that he had taken 348.25 Ac of land for lease for fish farming during the year. A search and seizure operation was conducted in the case of M/s. RVR Projects Private Limited & others Group in which the assessee was also covered. Subsequently, the case

Udaya Sridhar Reddy Siddareddy, Visakhapatnam vs. DCIT Central Circle - 2(4), Hyderabad

In the result, appeals filed by the assessee are partly allowed

ITA 524/HYD/2023[2015-16]Status: DisposedITAT Hyderabad17 May 2024AY 2015-16

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.523 To 526/Hyd/2023 (िनधा"रण वष"/Assessment Years: 2014-15 To 2017-18) Shri Udaya Sridhar Reddy Vs. Dy. C. I. T. Siddareddy Central Circle 2(4) Visakhapatnam Hyderabad Pan:Aiyps1063R (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: N O N E राज" व "ारा/Revenue By:: Shri Rahul Singhani, Dr सुनवाई की तारीख/Date Of Hearing: 16/05/2024 घोषणा की तारीख/Pronouncement: 17/05/2024 आदेश/Order Per Laliet Kumar, J.M These 4 Appeals Filed By The Assessee Are Directed Against The Separate Order Dated 30.08.2023 Of The Learned Cit (A)-12, Hyderabad, Relating To A.Ys.2014-15 To 2017-18. 2. At The Time Of Hearing, None Appeared On Behalf Of The Assessee On 15.5.2024 As Well As On 16.05.2024. Hence, We Are Page 1 Of 14

For Appellant: N O N EFor Respondent: : Shri Rahul Singhani, DR
Section 133A(3)(ia)Section 153ASection 2

fish farming during the year and that he had taken 348.25 Ac of land for lease for fish farming during the year. A search and seizure operation was conducted in the case of M/s. RVR Projects Private Limited & others Group in which the assessee was also covered. Subsequently, the case

Udaya Sridhar Reddy Siddareddy, Visakhapatnam vs. DCIT Central Circle 2(4), Hyderabad

In the result, appeals filed by the assessee are partly allowed

ITA 523/HYD/2023[2014-15]Status: DisposedITAT Hyderabad17 May 2024AY 2014-15

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.523 To 526/Hyd/2023 (िनधा"रण वष"/Assessment Years: 2014-15 To 2017-18) Shri Udaya Sridhar Reddy Vs. Dy. C. I. T. Siddareddy Central Circle 2(4) Visakhapatnam Hyderabad Pan:Aiyps1063R (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: N O N E राज" व "ारा/Revenue By:: Shri Rahul Singhani, Dr सुनवाई की तारीख/Date Of Hearing: 16/05/2024 घोषणा की तारीख/Pronouncement: 17/05/2024 आदेश/Order Per Laliet Kumar, J.M These 4 Appeals Filed By The Assessee Are Directed Against The Separate Order Dated 30.08.2023 Of The Learned Cit (A)-12, Hyderabad, Relating To A.Ys.2014-15 To 2017-18. 2. At The Time Of Hearing, None Appeared On Behalf Of The Assessee On 15.5.2024 As Well As On 16.05.2024. Hence, We Are Page 1 Of 14

For Appellant: N O N EFor Respondent: : Shri Rahul Singhani, DR
Section 133A(3)(ia)Section 153ASection 2

fish farming during the year and that he had taken 348.25 Ac of land for lease for fish farming during the year. A search and seizure operation was conducted in the case of M/s. RVR Projects Private Limited & others Group in which the assessee was also covered. Subsequently, the case

ACIT, Central Circle-3(4), Chennai vs. M Sukumar Reddy, Chennai

ITA 71/CHNY/2019[2008-09]Status: DisposedITAT Chennai17 May 2024AY 2008-09

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.69/Chny/2019 (िनधा"रण वष" / Assessment Year: 2006-07) & 2. आयकरअपील सं./ Ita No.70/Chny/2019 (िनधा"रण वष" / Assessment Year: 2007-08) & 3. आयकरअपील सं./ Ita No.71/Chny/2019 (िनधा"रण वष" / Assessment Year: 2008-09) Acit Shri M. Sukumar Reddy बनाम 3Rd, 6A, Rajparis, Aishwarya, Central Circle-3(4) Chennai. Raj Apartment, Ranjeeth Road, / Vs. Kotturpuram, Chennai-600 085. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adzpm-1863-H (अपीलाथ"/Appellant) : (!"थ" / Respondent) & 4. Cross Objection No.24/Chny/2019 (In Ita No.69/Chny/2019) (िनधा"रण वष" / Assessment Year: 2006-07) & 5. Cross Objection No.25/Chny/2019 (In Ita No.70/Chny/2019) (िनधा"रण वष" / Assessment Year: 2007-08) & 6. Cross Objection No.26/Chny/2019 (In Ita No.71/Chny/2019) (िनधा"रण वष" / Assessment Year: 2008-09)

For Appellant: Shri P. Murali Mohan Rao (CA)-Ld. ARFor Respondent: Smt. Komali Krishna (CIT)- Ld. DR
Section 132Section 153A

search, which is a prerequisite/trigger for invoking the provisions of sections 153A/153C is detection of undisclosed income by undertaking extraordinary power of search and seizure, i.e., the income which cannot be detected in ordinary course of regular assessment. Thus, the foundation for making search assessments under sections 153A/153C ... reassess the total income taking notice of undisclosed income even found during the search and seizure operation. 15.1 In view of the discussion hereinabove, once during search undisclosed income is found on unearthing the incriminating material during the search, the AO would assume jurisdiction to assess or reassess the total

ACIT, Central Circle-3(4), Chennai vs. M Sukumar Reddy, Chennai

ITA 70/CHNY/2019[2007-08]Status: DisposedITAT Chennai17 May 2024AY 2007-08

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.69/Chny/2019 (िनधा"रण वष" / Assessment Year: 2006-07) & 2. आयकरअपील सं./ Ita No.70/Chny/2019 (िनधा"रण वष" / Assessment Year: 2007-08) & 3. आयकरअपील सं./ Ita No.71/Chny/2019 (िनधा"रण वष" / Assessment Year: 2008-09) Acit Shri M. Sukumar Reddy बनाम 3Rd, 6A, Rajparis, Aishwarya, Central Circle-3(4) Chennai. Raj Apartment, Ranjeeth Road, / Vs. Kotturpuram, Chennai-600 085. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adzpm-1863-H (अपीलाथ"/Appellant) : (!"थ" / Respondent) & 4. Cross Objection No.24/Chny/2019 (In Ita No.69/Chny/2019) (िनधा"रण वष" / Assessment Year: 2006-07) & 5. Cross Objection No.25/Chny/2019 (In Ita No.70/Chny/2019) (िनधा"रण वष" / Assessment Year: 2007-08) & 6. Cross Objection No.26/Chny/2019 (In Ita No.71/Chny/2019) (िनधा"रण वष" / Assessment Year: 2008-09)

For Appellant: Shri P. Murali Mohan Rao (CA)-Ld. ARFor Respondent: Smt. Komali Krishna (CIT)- Ld. DR
Section 132Section 153A

search, which is a prerequisite/trigger for invoking the provisions of sections 153A/153C is detection of undisclosed income by undertaking extraordinary power of search and seizure, i.e., the income which cannot be detected in ordinary course of regular assessment. Thus, the foundation for making search assessments under sections 153A/153C ... reassess the total income taking notice of undisclosed income even found during the search and seizure operation. 15.1 In view of the discussion hereinabove, once during search undisclosed income is found on unearthing the incriminating material during the search, the AO would assume jurisdiction to assess or reassess the total

ACIT, Central Circle-3(4), Chennai vs. M Sukumar Reddy, Chennai

ITA 69/CHNY/2019[2006-07]Status: DisposedITAT Chennai17 May 2024AY 2006-07

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.69/Chny/2019 (िनधा"रण वष" / Assessment Year: 2006-07) & 2. आयकरअपील सं./ Ita No.70/Chny/2019 (िनधा"रण वष" / Assessment Year: 2007-08) & 3. आयकरअपील सं./ Ita No.71/Chny/2019 (िनधा"रण वष" / Assessment Year: 2008-09) Acit Shri M. Sukumar Reddy बनाम 3Rd, 6A, Rajparis, Aishwarya, Central Circle-3(4) Chennai. Raj Apartment, Ranjeeth Road, / Vs. Kotturpuram, Chennai-600 085. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adzpm-1863-H (अपीलाथ"/Appellant) : (!"थ" / Respondent) & 4. Cross Objection No.24/Chny/2019 (In Ita No.69/Chny/2019) (िनधा"रण वष" / Assessment Year: 2006-07) & 5. Cross Objection No.25/Chny/2019 (In Ita No.70/Chny/2019) (िनधा"रण वष" / Assessment Year: 2007-08) & 6. Cross Objection No.26/Chny/2019 (In Ita No.71/Chny/2019) (िनधा"रण वष" / Assessment Year: 2008-09)

For Appellant: Shri P. Murali Mohan Rao (CA)-Ld. ARFor Respondent: Smt. Komali Krishna (CIT)- Ld. DR
Section 132Section 153A

search, which is a prerequisite/trigger for invoking the provisions of sections 153A/153C is detection of undisclosed income by undertaking extraordinary power of search and seizure, i.e., the income which cannot be detected in ordinary course of regular assessment. Thus, the foundation for making search assessments under sections 153A/153C ... reassess the total income taking notice of undisclosed income even found during the search and seizure operation. 15.1 In view of the discussion hereinabove, once during search undisclosed income is found on unearthing the incriminating material during the search, the AO would assume jurisdiction to assess or reassess the total

Plantium Holding P Ltd, Chennai vs. DCIT, Central Circle III(4), Chennai

In the result, the appeal stands partly allowed

ITA 3436/CHNY/2018[2008-09]Status: DisposedITAT Chennai17 May 2024AY 2008-09

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.3436/Chny/2018 (िनधा"रण वष" / Assessment Year: 2008-09) M/S Platinum Holdings Private Ltd. Dcit बनाम/ No.2/1, Abu Garden, Omr Road, Central Circle-3(4) Vs. Navalur, Chennai-600 103. Chennai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcp-8781-D (अपीलाथ"/Appellant) : (!"थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Shri P. Murali Mohan Rao (Ca)-Ld. Ar !"थ"कीओरसे/ Respondent By : Smt. Komali Krishna (Cit)- Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 27-02-2024 घोषणाकीतारीख /Date Of Pronouncement : 17-05-2024

For Appellant: Shri P. Murali Mohan Rao (CA)-Ld. ARFor Respondent: Smt. Komali Krishna (CIT)- Ld. DR
Section 132Section 153A

search, which is a prerequisite/trigger for invoking the provisions of sections 153A/153C is detection of undisclosed income by undertaking extraordinary power of search and seizure, i.e., the income which cannot be detected in ordinary course of regular assessment. Thus, the foundation for making search assessments under sections 153A/153C ... reassess the total income taking notice of undisclosed income even found during the search and seizure operation. 15.1 In view of the discussion hereinabove, once during search undisclosed income is found on unearthing the incriminating material during the search, the AO would assume jurisdiction to assess or reassess the total