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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

Rakesh Divedi, Delhi vs. Income Tax Officer, Ward 43(6), Delhi

In the result, appeal of the Assessee is allowed

ITA 3290/DEL/2025[2009-10]Status: DisposedITAT Delhi09 Jan 2026AY 2009-10

Bench: Shri Sudhir Kumar & Shri Manish Agarwalrakesh Divedi, Income Tax Officer, 87, Triveni Apartments, Ward-43(6), Delhi. Pitampura, New Delhi - Vs. 110034. Pan-Apcpd9179A (Appellant) (Respondent) Shri Pranshu Singhal, Ca Assessee By & Ms. Mansi Jain, Adv. Department By Ms. Ankush Kalra, Sr. Dr Date Of Hearing 30/10/2025 Date Of Pronouncement 09/01/2026 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (‘Ld. Cit(A)’ In Short) Dated 07.03.2025 In Appeal No.40/10204/2018-19 Arising Out Of The Order Passed By The Income Tax Officer, Ward-40(3) U/S 143(3) Of The Act (‘The Act’ For Short) Dated 20.12.2016 For Assessment Year 2009-10. 2. Brief Facts Of The Case Are That Assessee Is An Individual & Proprietor Of M/S Triambkay Gauri Impex. The Information Was Received By The Ao From Investigation Wing That There Were Cash Deposits In The Bank Account Of The Assesse With Icici Bank, However, Income Of The Assessee & Gross Receipt Has Not Rakesh Divedi Vs. Income Tax Officer Commensurate With The Cash So Deposited, Therefore, After Recording The Reason U/S 147, Notice U/S 148 Was Issued On 31.03.2016 After Obtaining Statutory Approval From The Pcit. Thereafter, Assessment Was Completed Vide Order Dated 20.12.2016 Wherein Total Addition Of Rs. 5,20,88,345/- Was Made U/S 68 Of The Act For Cash Deposited In The Bank Accounts By Holding The Same As Unexplained Cash Credits. 3. Against The Said Order, Assessee Has Filed An Appeal Before Ld. Cit(A) Who Vide Impugned Order Has Partly Allowed The Appeal Of The Assessee & Directed The Ao To Make Addition Of Peak Credit Of The Total Deposits In The Bank Accounts.

Section 143(2)Section 143(3)Section 147Section 148Section 151Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’: NEW DELHI BEFORE SHRI SUDHIR KUMAR, JUDICIAL MEMBER AND SHRI MANISH

Atchutha Venkata Sreenivas Rao, Rangareddy vs. ACIT., Central Circle-2(1), Hyderabad

In the result, the appeal of the assessee is allowed

ITA 1414/HYD/2025[2020-21]Status: DisposedITAT Hyderabad07 Jan 2026AY 2020-21

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1414/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2020-21) Atchutha Venkata Vs. Assistant Commissioner Sreenivasa Rao, Of Income Tax Ranga Reddy Central Circle 2(1) Pan:Adgpa1171P Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Ca Praveen Kumar राज" व "ारा/Revenue By:: Smt. Helen Ruby Jesindha, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 22/12/2025 घोषणा की तारीख/Pronouncement: 07/01/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Atchutha Venkata Sreenivasa Rao (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) Dated 18.07.2025 For The A.Y 2020-21. Page 1 Of 7

For Appellant: CA Praveen KumarFor Respondent: : Smt. Helen Ruby Jesindha
Section 132Section 142(1)Section 143(2)Section 153CSection 69A

filed his return of income for the Assessment Year 2020-21 on 04.11.2020, declaring a total income of Rs.5,02,000/-. A search and seizure operation under section 132 of the Income Tax Act, 1961 (“the Act”) was conducted on 23.03.2021 in the case of Spectra Group of Companies. During

Bharat Kumar Bansal, Hyderabad vs. ACIT., Central Circle-2(1), Hyderabad

In the result, all the appeals filed by the assessee are allowed

ITA 1005/HYD/2025[2018-19]Status: DisposedITAT Hyderabad07 Jan 2026AY 2018-19

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1000 To 1006/Hyd/2025 (िनधा"रण वष"/Assessment Years: 2013-14 To 2019-20) Shri Bharat Kumar Bansal Vs. Assistant Commissioner Hyderabad Of Income Tax Pan:Abfpb6416P Central Circle 2(1) Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri A Srinivas, Ca राज" व "ारा/Revenue By:: Shri S. Arun Kumar, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 17/12/2025 घोषणा की तारीख/Pronouncement: 07/01/2026 आदेश/Order Per Bench: These Seven Appeals Are Filed By Shri Bharat Kumar Bansal (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) All Dated 07.03.2025 For The A.Ys. 2013- 14 To 2019-20. Since Common & Identical Issues Are Raised By The Assessee In All These Appeals, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, We Find There Is A Delay Of 06 Days In Filing Of All These Appeals Before This Tribunal. The Assessee Has Page 1 Of 9

For Appellant: Shri A Srinivas, CAFor Respondent: : Shri S. Arun Kumar, Sr. DR
Section 153C

Bharat Kumar Bansal 6. The brief facts common to all these appeals are that a search and seizure operation under section 132 of the Act was conducted on 22.11.2018 in the premises of Shri Mohammed Abdul Sattar and others (“the searched person”). During the course of the said search operation

Bharat Kumar Bansal, Hyderabad vs. ACIT., Central Circle-2(1), Hyderabad

In the result, all the appeals filed by the assessee are allowed

ITA 1004/HYD/2025[2017-18]Status: DisposedITAT Hyderabad07 Jan 2026AY 2017-18

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1000 To 1006/Hyd/2025 (िनधा"रण वष"/Assessment Years: 2013-14 To 2019-20) Shri Bharat Kumar Bansal Vs. Assistant Commissioner Hyderabad Of Income Tax Pan:Abfpb6416P Central Circle 2(1) Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri A Srinivas, Ca राज" व "ारा/Revenue By:: Shri S. Arun Kumar, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 17/12/2025 घोषणा की तारीख/Pronouncement: 07/01/2026 आदेश/Order Per Bench: These Seven Appeals Are Filed By Shri Bharat Kumar Bansal (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) All Dated 07.03.2025 For The A.Ys. 2013- 14 To 2019-20. Since Common & Identical Issues Are Raised By The Assessee In All These Appeals, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, We Find There Is A Delay Of 06 Days In Filing Of All These Appeals Before This Tribunal. The Assessee Has Page 1 Of 9

For Appellant: Shri A Srinivas, CAFor Respondent: : Shri S. Arun Kumar, Sr. DR
Section 153C

Bharat Kumar Bansal 6. The brief facts common to all these appeals are that a search and seizure operation under section 132 of the Act was conducted on 22.11.2018 in the premises of Shri Mohammed Abdul Sattar and others (“the searched person”). During the course of the said search operation

Bharat Kumar Bansal, Hyderabad vs. ACIT, Central Circle-2(1), Hyderabad

In the result, all the appeals filed by the assessee are allowed

ITA 1003/HYD/2025[2016-17]Status: DisposedITAT Hyderabad07 Jan 2026AY 2016-17

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1000 To 1006/Hyd/2025 (िनधा"रण वष"/Assessment Years: 2013-14 To 2019-20) Shri Bharat Kumar Bansal Vs. Assistant Commissioner Hyderabad Of Income Tax Pan:Abfpb6416P Central Circle 2(1) Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri A Srinivas, Ca राज" व "ारा/Revenue By:: Shri S. Arun Kumar, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 17/12/2025 घोषणा की तारीख/Pronouncement: 07/01/2026 आदेश/Order Per Bench: These Seven Appeals Are Filed By Shri Bharat Kumar Bansal (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) All Dated 07.03.2025 For The A.Ys. 2013- 14 To 2019-20. Since Common & Identical Issues Are Raised By The Assessee In All These Appeals, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, We Find There Is A Delay Of 06 Days In Filing Of All These Appeals Before This Tribunal. The Assessee Has Page 1 Of 9

For Appellant: Shri A Srinivas, CAFor Respondent: : Shri S. Arun Kumar, Sr. DR
Section 153C

Bharat Kumar Bansal 6. The brief facts common to all these appeals are that a search and seizure operation under section 132 of the Act was conducted on 22.11.2018 in the premises of Shri Mohammed Abdul Sattar and others (“the searched person”). During the course of the said search operation

Bharat Kumar Bansal, Hyderabad vs. ACIT, Central Circle-2(1), Hyderabad

In the result, all the appeals filed by the assessee are allowed

ITA 1002/HYD/2025[2015-16]Status: DisposedITAT Hyderabad07 Jan 2026AY 2015-16

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1000 To 1006/Hyd/2025 (िनधा"रण वष"/Assessment Years: 2013-14 To 2019-20) Shri Bharat Kumar Bansal Vs. Assistant Commissioner Hyderabad Of Income Tax Pan:Abfpb6416P Central Circle 2(1) Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri A Srinivas, Ca राज" व "ारा/Revenue By:: Shri S. Arun Kumar, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 17/12/2025 घोषणा की तारीख/Pronouncement: 07/01/2026 आदेश/Order Per Bench: These Seven Appeals Are Filed By Shri Bharat Kumar Bansal (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) All Dated 07.03.2025 For The A.Ys. 2013- 14 To 2019-20. Since Common & Identical Issues Are Raised By The Assessee In All These Appeals, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, We Find There Is A Delay Of 06 Days In Filing Of All These Appeals Before This Tribunal. The Assessee Has Page 1 Of 9

For Appellant: Shri A Srinivas, CAFor Respondent: : Shri S. Arun Kumar, Sr. DR
Section 153C

Bharat Kumar Bansal 6. The brief facts common to all these appeals are that a search and seizure operation under section 132 of the Act was conducted on 22.11.2018 in the premises of Shri Mohammed Abdul Sattar and others (“the searched person”). During the course of the said search operation