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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

Assistant Commissioner of Income Tax, Central Circle-2, Kanpur. vs. Shrisanjay Kaumar Agarwal, Agra

In the result, the appeal of the Revenue is dismissed

ITA 31/LKW/2023[2013-14]Status: DisposedITAT Lucknow20 Jan 2026AY 2013-14

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2013-14 Asstt. Commissioner Of Income Vs. Sanjay Kumar Agrawal, Tax, Central Circle-2, Kanpur D-59, Kamla Nagar, Agra-282005 Pan: Aaupa2845H (Appellant) (Respondent) Assessee By: Sh. Anurag Sinha, Adv Revenue By: Sh. Neeraj Kumar, Cit Dr Date Of Hearing: 27.10.2025 Date Of Pronouncement: 20.01.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A)- 4, Kanpur Dated 14.11.2022 Wherein The Ld. Cit(A) Has Allowed The Appeals Of The Assessee Against The Orders Of The Ld. Ao Passed Under Section 153A R.W.S. 153C Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “1. Whether On Facts & Circumstances Of The Case & In Law, Ld. Cit (A)-Iv, Kanpur Has Erred In Deleting The Addition Of Rs. 3,00,00,000/- Made U/S 69A By The Ao Ignoring The Fact That Such Addition Was Made By The Ao On The Basis Of Entries Found On These Loose Papers Seized From The Possession Of Such A Person Who Was Having Business Relations With All Persons Named Therein Including Assessee. 2. Whether On Facts & Circumstances Of The Case & In Law, Ld. Cit (A)-Iv, Kanpur Has Erred In Deleting The Addition Of Rs. 3,00,00,000/- Made U/S 69A By Accepting The Denial By The Person From Whose Possession It Was Recovered & The Assessee Regarding The Relation Of Its Entries With Them Without Considering The Facts & Circumstances Of The Case In Totality. 3. That The Order Of The Cit(A) Being Erroneous In Law & Facts Be Set Aside & Order Of The A.O. Be Restored. 4. That The Appellant Craves Leave To Add, Alter, Adduce Or Amend Any Ground Or Grounds On Or Before The Date Of Hearing Of Appeal.”

For Appellant: Sh. Anurag Sinha, AdvFor Respondent: Sh. Neeraj Kumar, CIT DR
Section 132Section 143(2)Section 153ASection 153CSection 292CSection 69A

before the date of hearing of appeal.” 1 Sanjay Kumar Agarwal A.Y. 2013-14 2. The facts of the case are that a search and seizure under section 132 of the operation was conducted on 26.09.2017 in the residential premises of one Sh. Amit Shukla. Material was found from ... Mudit Verma in ITA No. 120 of 2009, wherein the Hon’ble Allahabad High Court had held that where no such search and seizure was conducted at the premises of the assessee and no document was found and recovered from his possession, presumption under section 132(4A) and 292C

Deputy Commissioner of Income Tax, Chennai vs. Muthulakshmi Vellaisamy, Tirupur

In the result, the appeal filed by the Revenue is dismissed

ITA 610/CHNY/2025[2020-21]Status: DisposedITAT Chennai20 Jan 2026AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunathaआयकर अपील सं./Ita No.: 605/Chny/2025 निर्धारण वर्ष / Assessment Year: 2020-21 Deputy Commissioner Of Income Tax, Central Circle-2(4), Chennai. (अपीलार्थी/Appellant) Gnanaguru Lavanya, Vs. 52, Iswarya Garden, Rakkiyapalayam Road, Ammapalayam, Avinashi Road, Tirupur - 641 654. [Pan: Abipl-5558-M] (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita No.: 610/Chny/2025 निर्धारण वर्ष / Assessment Year: 2020-21 Deputy Commissioner Of Income Tax, Central Circle-2(4), Chennai. Muthulakshmi Vellaisamy, Vs. 52, Iswarya Garden, Rakkiyapalayam Road, Ammapalayam, Avinashi Road, Tirupur - 641 654. [Pan:Afbpg-3703-L] (प्रत्यर्थी/Respondent) (अपीलार्थी/ Appellant) अपीलार्थी की ओर से/Appellant By : Ms. E. Pavuna Sundari, C.I.T. प्रत्यर्थी की ओर से /Respondent By : Shri. R. Venkata Raman, C.A. सुनवाई की तारीख/Date Of Hearing : 12.11.2025 घोषणा की तारीख/Date Of Pronouncement : 20.01.2026 :-2-:

For Appellant: Ms. E. Pavuna Sundari, C.I.TFor Respondent: Shri. R. Venkata Raman, C.A
Section 132Section 132(4)Section 139(4)

income for the impugned assessment year u/s.139(4) of the Act on 29.03.2021 declaring total income of Rs.17,95,560/-. 5. A search and seizure action u/s.132 of the Act was carried out on 11.03.2021 in the case of the “Kallal Group”, comprising inter alia Kallal Hospitalities Private Limited, Kallal ... Apex Court has categorically held that loose papers, diaries, pen drives, computer printouts and similar material recovered during the course of search and seizure, which are not maintained in the regular course of business, have no evidentiary value in the absence of any corroborative material. In the aforesaid decision

Deputy Commissioner of Income Tax, Chennai vs. Gnanaguru Lavanya, Tirupur

ITA 605/CHNY/2025[2020-21]Status: DisposedITAT Chennai20 Jan 2026AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunathaआयकर अपील सं./Ita No.: 605/Chny/2025 निर्धारण वर्ष / Assessment Year: 2020-21 Deputy Commissioner Of Income Tax, Central Circle-2(4), Chennai. (अपीलार्थी/Appellant) Gnanaguru Lavanya, Vs. 52, Iswarya Garden, Rakkiyapalayam Road, Ammapalayam, Avinashi Road, Tirupur - 641 654. [Pan: Abipl-5558-M] (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita No.: 610/Chny/2025 निर्धारण वर्ष / Assessment Year: 2020-21 Deputy Commissioner Of Income Tax, Central Circle-2(4), Chennai. Muthulakshmi Vellaisamy, Vs. 52, Iswarya Garden, Rakkiyapalayam Road, Ammapalayam, Avinashi Road, Tirupur - 641 654. [Pan:Afbpg-3703-L] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By : Ms. E. Pavuna Sundari, C.I.T. प्रत्यर्थी की ओर से /Respondent By : Shri. R. Venkata Raman, C.A. सुनवाई की तारीख/Date Of Hearing : 12.11.2025 घोषणा की तारीख/Date Of Pronouncement : 20.01.2026 :-2-:

For Appellant: Ms. E. Pavuna Sundari, C.I.TFor Respondent: Shri. R. Venkata Raman, C.A
Section 132Section 132(4)Section 139(4)

income for the impugned assessment year u/s.139(4) of the Act on 29.03.2021 declaring total income of Rs.17,95,560/-. 5. A search and seizure action u/s.132 of the Act was carried out on 11.03.2021 in the case of the “Kallal Group”, comprising inter alia Kallal Hospitalities Private Limited, Kallal ... Apex Court has categorically held that loose papers, diaries, pen drives, computer printouts and similar material recovered during the course of search and seizure, which are not maintained in the regular course of business, have no evidentiary value in the absence of any corroborative material. In the aforesaid decision