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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

Deputy Commissioner of Income Tax Central Circle3-(3), Hyderabad vs. Mechineni Projects Private Limited, Hyderabad

In the result, appeal filed by the Revenue is dismissed

ITA 56/HYD/2021[2015-16]Status: DisposedITAT Hyderabad19 Dec 2022AY 2015-16

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year:2015-16 Dy. C.I.T. Vs. Mechineni Projects (P) Central Circle 3(3) Ltd, Hyderabad Hyderabad Pan:Aaecp4421H (Appellant) (Respondent) Assessee By: Shri P. Murali Mohan Rao, Ca Revenue By: Shri Jeevan Lal Lavidiya, Dr Date Of Hearing: 17/11/2022 Date Of Pronouncement: 19/12/2022 Order Per R.K. Panda, A.M This Appeal Filed By The Revenue Is Directed Against The Order Dated 21.9.2020 Of The Learned Cit (A)-11, Hyderabad Relating To A.Y.2015-16. 2. Facts Of The Case, In Brief, Are That The Assessee, A Company (Formerly Known As Pbr Projects Pvt. Ltd) Engaged In The Business Of Construction Of Residential & Commercial Buildings, Originally Filed Its Return Of Income For The A.Y 2015-16 On 31.03.2017 Admitting A Total Income Of Rs.1,16,090/-. A Search & Seizure Operation U/S 132 Of The I.T. Act Wase Conducted In M/S. Raghuram & Trishala Group On 21.11.2017 & Warrant In The Case Of M/S. Mechineni Projects (P) Ltd I.E., The Assessee

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri Jeevan Lal Lavidiya, DR
Section 132Section 153A

total income of Rs.7,80,16,050/-. 2.1 During the course of assessment proceedings, the Assessing Officer noted that during the course of search and seizure operation, it was found that the company has given its land admeasuring 7,000 sq. yards situated at H.No 5-4-156,157, Indira ... account of capital gains in the T-19 Project. The extract of the statement recorded is as below: “Q17. During the course of search and seizure operation in your business premises situated at 5th floor. Anand Capital, Ameerpet. Hyderabad on 21.11.2017, it was replied vide question no 12 that, your

Sushil Kumar Paul, Siliguri vs. A.C.I.T., Circle-2, Siliguri

In the result, the appeal of the assessee is partly allowed

ITA 2274/KOL/2019[2016-17]Status: DisposedITAT Kolkata15 Dec 2022AY 2016-17

Bench: Shri Sonjoy Sarma, Hon’Ble & Shri Girish Agrawal, Hon’Bleassessment Year: 2016-17 Sushil Kumar Paul Acit, Circle-2, Siliguri. C/O. Subash Agarwal & Associates, Advocates, Siddha Vs. Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700 069. (Pan: Akfpp 4837 K) (Appellant) (Respondent) Present For: Assessee By : Shri Siddarth Agarwal, Advocate Revenue By : Smt. Ranu Biswas, Addl. Cit, Dr Date Of Hearing : 24.11.2022 Date Of Pronouncement : 15.12.2022 O R D E R Per Sonjoy Sarma, Jm: This Appeal Filed By The Assessee Is Against The Order Of Ld. Cit(A), Siliguri Dated 23.08.2019 For A.Y. 2016-17. The Assessee Has Taken The Following Grounds Of Appeal: “I. For That On The Facts & Circumstances Of The Case, The Ld. Cit(A) Was Not Justified In Confirming The Penalty Of Rs. 23,70,000/- Imposed By The Ao By Wrongly Invoking The Provisions Of Section 271Aab Of The Income Tax Act.

For Appellant: Shri Siddarth Agarwal, AdvocateFor Respondent: Smt. Ranu Biswas, Addl. CIT, DR
Section 271A

ought to have restricted the penalty u/s 271AAB to Rs. 7,90,000/- being 10% on the income disclosed during the course of search and seizure operation. iii. For that the ld. CIT(A) failed to appreciate that the appellant assessee had requested the AO to adjust the tax liability ... grounds at the time of haring.” 2 Sushil Kumar Paul A.Y. 2016-17 2. Brief facts of the case are that a search and seizure operation was conducted on the premises of assessee on 28.03.2016 and consequence to that the assessee had disclosed