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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

Poonam Promoters and Developers Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee is allowed

ITA 4785/DEL/2015[2005-06]Status: DisposedITAT Delhi23 Jan 2024AY 2005-06

Bench: Sh. N. K. Billaiya & Ms Astha Chandraassessment Year: 2005-06 Poonam Promoters & Vs. Acit Developers Pvt. Ltd. M-11, Central Circle- 32 Middle Circle, Connaught E-2, Ara Centre, Circus, New Delhi-110001 Jhandewalan Extension, Pan No.Aaacp6882G New Delhi-110055 (Appellant) (Respondent) Appellant By Sh. Piyush Kaushik, Advocate Sh. Ajay Bhagwani, Ca Respondent By Sh. Subhra Jyoti Chakraborty, Cit Dr Date Of Hearing: 23/01/2024 Date Of Pronouncement: 23/01/2024 Order Per N. K. Billaiya, Am: This Appeal By The Assessee Is Preferred Against The Order Of The Cit(A)-30, New Delhi Dated 27.03.2015 Pertaining To A.Y. 2005-06. 2. The Grievance Of The Assessee Read As Under :- “1. That The Orders Passed By The Assessing Officer & Commissioner Of Income Tax (Appeals)-Xxx, New Delhi Are Bad In Law & Void Ab Initio.

Section 1Section 132Section 148Section 153Section 153ASection 153A(1)

carefully perused. On perusal of the assessment order we find that a notice u/s. 148 of the Act was issued on 29.03.2012. A search and seizure operation was carried out at the various premises of BPTP Limited and its group concerns and associated persons on 07.12.2010 and was finally concluded ... parties and perused the material available on U record. It is pertinent to note that no incriminating material was found during the search and seizure in respect of assessee company, hence the decision of the Delhi High Court in case of Kabul Chawla is squarely applicable in the present case

The Jt. CIT, (OSD), Circle-4(1)(1), Ahmedabad vs. Sheetal Infrastructure Pvt.Ltd., Ahmedabad

In the result, the appeal of the Revenue , so far as Ground no

ITA 523/AHD/2019[2012-13]Status: DisposedITAT Ahmedabad19 Jan 2024AY 2012-13

Bench: Shri Ramit Kochar & Ms. Suchitra Kambleassessment Year : 2012-13 Jt.Cit (Osd) Sheetal Infrastructure Pvt. Ltd. Circle-4(1)(1) V. 25, 4Th Floor Ahmedabad Shukan Mall Nr.Rajasthan Hospital Shahibaug, Ahmedabad-380054 Gujarat Pan: Aaics 9312 A अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" य "" यथ" "" य "" य थ" थ"/ (Respondent) थ" Assessee By : Shri S.N. Soparkar, Sr. Advocate & Parin Shah, Ar Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 17/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 19/01/2024 आदेश/O R D E R आदेश आदेश आदेश Per Ramit Kocharthis Appeal Filed By Revenue Is Directed Against The Appellate Order Dated 22/01/2019 Passed By Ld. Commissioner Of Income-Tax (Appeals)-8, [“Cit(A)” In Short] Under Section 250 Of Sub-Section (6) Of The Income-Tax Act, 1961(Hereinafter Called “The Act”) For Assessment Year 2012-13(Appeal No. Cit(A)-8/168/15-16), The Appellate Proceedings Have Arisen Before Ld. Cit(A) From Assessment Order Dated Jt.Cit(Osd) V. Sheetal Infrastructure Pvt. Ltd. Ay 2012-13

For Appellant: Shri S.N. Soparkar, Sr. Advocate and Parin Shah, ARFor Respondent: Shri Sudhendu Das, CIT-DR
Section 143(3)Section 250Section 254(2)Section 40A(3)

have heard rival contentions of both the parties and perused the material available on record. We have observed that there was a search and seizure operation conducted by Revenue in the case of assesse on 29.08.2008, and there were certain documents seized by Revenue. It is observed that vide seized