← All Phrases

“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

Kameshwar Alloys and Steels Pvt. Ltd., Kolkata vs. ACIT, Central Circle-1, Ranchi

In the result, the appeal of the assessee is allowed

ITA 49/RAN/2024[2014-15]Status: DisposedITAT Ranchi14 Jan 2026AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.49/Ran/2024 Assessment Year: 2014-15 Kameshwar Alloys & Steels Pvt. Ltd….…............................……….……Appellant 128/3, Hazra Road, Bhawanipur, Kol-700026.. [Pan: Aadck6558K] Vs. Acit, Cc-1, Ranchi.................……….…..….........……........……...…..…..Respondent Appearances By: Shri Devesh Poddar, Adv., Appeared On Behalf Of The Appellant. Shri Md. Shadab Ahmed, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 16, 2025 Date Of Pronouncing The Order : January 14, 2026 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Cit(A)-3, Patna (Hereinafter Referred To As “Cit(A)”) Dated 05.02.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Assessee Company, Filed Its Return Of Income For The Assessment Year Under Consideration. The Case Was Originally Selected For Scrutiny On The Issue Of Share Capital & Share Premium Received During The Year. The Assessing Officer Completed The Assessment Ex Parte Under Section 144 Of The Income-Tax Act, 1961, On The Ground Of Alleged Non-Compliance & Made An Addition Of ₹2,00,00,000 Being Share Capital & Share Premium Received From Various Companies, Treating The Same As Unexplained Under Section 68 Of The Act. Subsequently, A Search & Seizure Operation Under

Section 131Section 132(1)Section 133(6)Section 133ASection 143(3)Section 144Section 153ASection 250Section 68

being share capital and share premium received from various companies, treating the same as unexplained under section 68 of the Act. Subsequently, a search and seizure operation under I.T.A. No.49/Ran/2025 Kameshwar Alloys And Steels Pvt. Ltd section 132(1) along with a survey under section 133A was conducted

Balu Vithal Pawale, Pune vs. ITO WD- 2(4), Pune

In the result, appeal of the assessee is allowed for statistical purpose

ITA 2869/PUN/2025[2017-18]Status: DisposedITAT Pune14 Jan 2026AY 2017-18

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.2869/Pun/2025 निर्धारण वषा / Assessment Year: 2017-18 Balu Vithal Pawale, V Assessing Officer, Village-Kasarsai, S National Faceless Taluka-Mulsi, Assessment Centre, Dist-Pune – 410506. Delhi Pan:Bfcpp7170L Appellant/ Assessee Respondent /Revenue Assessee By Shri B.S.Rajpurohit Revenue By Shri Madhukar Anand-Jcit(Through Virtual) Date Of Hearing 08/01/2026 Date Of Pronouncement 14/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2017-18 Dated 16.10.2024 Emanating From The Assessment Order Passed Under Section 147R.W.S 144 Read With Section 144B Of The Act, Dated 27.03.2022. The Assessee Has Raised The Following Grounds Of Appeal :

Section 144Section 144BSection 147rSection 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)

appraisal report from the DDIT (Inv)Bhavnagar, and the statements of Shri Shripal Vora at Bhavnagar, recorded under section 131 in the search and seizure of the premises of M/S Sanyam Gems Pvt. Ltd, which were referred to in the notice. None of these documents, were sent to the Petitioner

Prime Products Limited, Kanpur vs. D.C.I.T. Circle 2(1)(1), Kanpur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 514/LKW/2025[2013-14]Status: DisposedITAT Lucknow13 Jan 2026AY 2013-14

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2013-14 M/S Prime Products Ltd., 87/8, Kalpi Vs. The Dy. Cit, Road, Kanpur Circle-2(1)(1), Kanpur Pan: Aaacp8239K (Appellant) (Respondent) Assessee By: Sh. Ashish Jaiswal, C.A. Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 28.10.2025 Date Of Pronouncement: 13.01.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac In Confirming The Penalty Under Section 271(1)(C) Levied By The Ld. Assessing Officer On 23.01.2022 For The Assessment Year 2013-14. The Grounds Of Appeal Are As Under:- “1. That On The Facts & In Law, The Order Passed By Ld. Cit (Appeals), Nfac U/S 250 Of The Act Is Bad In Law. 2 That On The Facts & In Law, The Ld. Cit(Appeals), Nfac Has Erred In Upholding Action Of Learned Ao In Levying Penalty Of Rs. 94,000/- Under Section 271(1)(C) Of The Income Tax Act, 1961. 3 That On The Facts & In Law, The Notice Issued For Levy Of Penalty Under Section 274 R.W.S 271(1)(C) Dated 14/02/2020 Is Vague & Defective Since, It Does Not Specify The Limb Under Which Penalty Under Section 271(1)(C) Was Initiated. 4 That On The Facts & In Law, The Ld. Cit(A) Nfac Has Erred In Not Appreciating That The Assessee Had Offered An Explanation. The Penalty Proceedings & The Consequent Order Are Invalid & Void Ab Initio As The Same Were Initiated & Levied Solely On The Basis Of An Affidavit Without Independent Evidence Of Concealment.

For Appellant: Sh. Ashish Jaiswal, C.AFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 132Section 153ASection 250Section 271(1)Section 271(1)(C)Section 271(1)(c)Section 274Section 69

AMEND, ALTER OR WITHDRAW ANY GROUND(S) AT THE TIME OF HEARING.” 2. The facts of the case are that a Search and Seizure operation under section 132 of the Income Tax Act was carried out in the case of Harish Chandra Jaiswal, Anil Kumar Jaiswal and Sunil Kumar Jaiswal