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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

Murari Lal Harish Chand Jaiswal Pvt Ltd, Delhi vs. DCIT, Central Circle-31, Delhi

In the result, appeal of the assessee is allowed

ITA 203/DEL/2025[2018-19]Status: DisposedITAT Delhi22 Jan 2026AY 2018-19

Bench: Shri Mahavir Singh & Shri Manish Agarwal[Assessment Year : 2018-19] Murari Lal Harish Chand Vs Dcit Jaiswal Pvt. Ltd., 6043, Central Circle-31, Naya Bans, Chandni Delhi Chowk, Delhi-110006. Pan-Aaacm6428P Appellant Respondent Appellant By Shri Pranav Yadav, Adv. Respondent By Shri Jitender Singh, Cit Dr Date Of Hearing 26.11.2025 Date Of Pronouncement 22.01.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 19.12.2024 Passed By Ld. Commissioner Of Income Tax (A)-30, New Delhi [“Ld.Cit(A)”] In Appeal No.30/10268/2017-18 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 22.12.2021 Passed U/S 153A Of The Act Pertaining To Assessment Year 2018-19. 2. Brief Facts Of The Case Are That Assessee Company Is A Firm, Engaged In The Business Of Manufacture Of Tobacco Products & Derived Income From Profits & Gains From Business & From Capital Gain/Loss & Filed Its Return Of Income On 28.09.2018, Declaring Income Of Inr 1,09,82,630/-. The Case Was Selected For Scrutiny Under Cass For Following Two Issues:- (I) Icds Compliance & Adjustment (Ii) Income U/S 56(2)(X)

Section 127Section 132Section 143(2)Section 143(3)Section 153ASection 153DSection 250Section 56(2)(x)

dated 16.02.201 wherein addition of INR 2,32,89,787/- was made u/s 56(2)(x) of the Act. In the meantime, a search and seizure action was carried out by the Department on 06.01.2021 and since the year of appeal i.e. AY 2018-19 has fallen in the block ... outset, it is seen that in this case, the AO has passed the assessment order u/s 143(3) on 16.2.2021 though a search and seizure operation was carried out u/s 132 of the Act on 06.01.2021 and therefore, the proceedings pending as on the date of initiation of search sought