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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

Prasanth Jain Vijayakumar, Chennai vs. DCIT, Central Circle-1(2), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1126/CHNY/2023[2020-21]Status: DisposedITAT Chennai13 Mar 2024AY 2020-21

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.1126/Chny/2023 िनधा"रण वष"/Assessment Year: 2020-21 Prasanth Jain Vijayakumar, Vs. The Deputy Commissioner Of 10/4, Kasi Chetty Lane, Sowcarpet, Income Tax, Chennai 600 079. Central Circle 1(2), Chennai 600 034. [Pan:Aaqpp7650M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.03.2024 घोषणा की तारीख /Date Of Pronouncement : 13.03.2024 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-18, Chennai, Dated 28.07.2023 Relevant To The Assessment Year 2020-21. 2. Brief Facts Of The Case Are That The Assessee Filed His Original Return Of Income For The Assessment Year Under Consideration Admitting An Income Of ₹.4,88,690/-. A Search & Seizure Operation Under Section 132 Of The Income Tax Act, 1961 [“Act” In Short] Was Conducted At The Residential/Business Premises In The Case Of M/S. Golden Shelters Private

For Appellant: Shri D. Anand, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 115BSection 132Section 143(2)Section 69A

that the assessee filed his original return of income for the assessment year under consideration admitting an income of ₹.4,88,690/-. A search and seizure operation under section 132 of the Income Tax Act, 1961 [“Act” in short] was conducted at the residential/business premises in the case

N. Gunasekar, Salem vs. DCIT, Circle-1(1), Salem

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1141/CHNY/2023[2012-13]Status: DisposedITAT Chennai07 Mar 2024AY 2012-13

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.1141/Chny/2023 िनधा"रण वष"/Assessment Year: 2012-13 Shri N. Gunasekar, Vs. The Deputy Commissioner Of No. 196-C, Anna Nagar, Shyamala Income Tax, Nivas, Kannankurichi, No. 3, Gandhi Circle 1(1), Road, Salem 636 008. Salem. [Pan:Ajopg3410B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Vasudevan, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.03.2024 घोषणा की तारीख /Date Of Pronouncement : 07.03.2024 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-18, Chennai, Dated 27.07.2023 Relevant To The Assessment Year 2012-13. 2. The Appeal Filed By The Assessee Is Delayed By 16 Days In Filing The Appeal, For Which, The Assessee Has Filed Detailed Petition For Condonation Of The Delay In Support Of An Affidavit. By Referring To The Above Condonation Petition, The Ld. Counsel For The Assessee Has Submitted That 2

For Appellant: Shri T. Vasudevan, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 132Section 139(4)Section 143(2)Section 143(3)

under section 139(4) of the Income Tax Act, 1961 [“Act” in short] declaring an income of ₹.1,81,80,610/-. A search and seizure operation under section 132 of the Act was conducted in this assessee’s case on 20.10.2011 at assessee’s residential premises. The assessee filed