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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

The Dy CIT, Central Circle-6(4), Mumbai vs. Shri Mehul Johnson, Mumbai

In the result, the appeal filed by the revenue stands dismissed

ITA 1647/MUM/2020[2017-78]Status: DisposedITAT Mumbai19 May 2022AY 2017-78

Bench: Shri Amit Shukla, Jm & Shri Amarjit Singh, Am आयकरअपीलसं./ I.T.A. No. 1647/Mum/2020 (निर्धारणवर्ा / Assessment Year: 2017-18) Shri Mehul Johnson, Dcit Cen. Cir. 6(4), 2808, 28Th Floor, R. No. 1925, 19Th Imperial Tower, M P Floor, Air India बिधम/ Mill’S Compound, Building, Nariman Vs. Tardeo, Point, Mumbai-400 034 Mumbai-400 021 स्थायीलेखासं./जीआइआरसं./ Pan No. Abbpj3414H (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant : Shri Mahesh Akhade, Ld. Dr By प्रत्यथीकीओरसे/Respondent : Shri Gautam Jain, Ld. Ar By सुनवाईकीतारीख/ : 11.05.2022 Date Of Hearing घोषणाकीतारीख / : 19.05.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Impugned Order Dated 07.07.2020, Passed By Ld. Cit(A)-54, Mumbai For The Quantum Appeal Of Assessment Passed U/S 143(3)

For Appellant: Shri Mahesh AkhadeFor Respondent: Shri Gautam Jain, Ld
Section 132Section 132(4)Section 143(3)

individual and has filed the original return of income on 07.11.2017 declaring total income at Rs. 3,62,45,880/-. The search and seizure action was earlier conducted in the case of India Bulls Group on 13.07.2016 and consequent to the search action, the assessee was a Director of India ... valued at Rs.17,84,054/- were found. Please confirm the same. Ans. Sir, I confirm that during the course of search and seizure action u/s 132 of the Income Tax Act, 1961 at my residence some jewellery items were found. The valuation of these jewellery items was done by departmental

ACIT CC 22 & 30, Mumbai vs. Murarilal Mittal, Mumbai

In the result, the appeal filed by the revenue stands dismissed

ITA 6808/MUM/2014[2006-07]Status: DisposedITAT Mumbai18 May 2022AY 2006-07

Bench: Shri Amit Shukla, Jm & Shri Amarjit Singh, Am आयकरअपीलसं./ I.T.A. No. 6808/Mum/2014 (निर्धारणवर्ा / Assessment Year: 2006-07) Acit Cc –22, Shri Murarilal Mittal, R. No. 404, 4Th Floor, 1601, Marathon बिधम/ Aayakar Bhavan, Heights, P. B. Marg Mumbai-400 020 Jaibharat Oil Mill, Vs. Lower Parel(W), Mumbai-400 013 स्थायीलेखासं./जीआइआरसं./Pan No. Ahnpm8021D (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant : Shri Murli Mohan, Ld. Dr By प्रत्यथीकीओरसे/Respondent : Shri Rajiv Khandelwal, Ld. Ar By सुनवाईकीतारीख/ : 18.05.2022 Date Of Hearing घोषणाकीतारीख / : 18.05.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Impugned Order Dated 24.08.2014 Passed By Ld. Cit(A)-39, Mumbai For The Quantum Appeal Of Assessment Passed U/S 143(3) R.W.S

For Appellant: Shri Murli MohanFor Respondent: Shri Rajiv
Section 132Section 139(1)Section 143(1)Section 143(3)Section 153ASection 68

account of unaccounted expenditure towards commission paid for obtaining bogus purchase 2. The facts in brief are that a search and seizure operations u/s 132 was conducted on 13.10.2010 in Welspun Group of cases, in which assessee was also covered. The assessee had filed his return of income