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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

Shailesh J Jogavi, Mumbai vs. DCIT CC 5 (3), Mumbai

The appeals of the assessee are allowed for statistical purposes

ITA 6558/MUM/2019[2010-11]Status: DisposedITAT Mumbai22 Mar 2022AY 2010-11

Bench: Shri Kuldip Singh & Shri Gagan Goyalassessment Year: 2010-11 Shri Shailesh J. Jogani, Dcit, Central Circle-5(3), Dw-3010, Room No.1906, 19Th Floor, Bharat Diamond Bourse, Vs. Bandra Kurla Complex, Air India Building, Bandra (East), Nariman Point, Mumbai – 400 051 Mumbai Pan: Aebpj3548M (Appellant) (Respondent) Assessment Year: 2010-11 M/S. S. Jogani Exports Pvt. Dcit, Central Circle-5(3), Ltd., Room No.1906, 19Th Floor, Dw-3010, Bharat Diamond Bourse, Vs. Air India Building, Bandra Kurla Complex, Nariman Point, Bandra (East), Mumbai – 400 021 Mumbai – 400 051 Pan: Aalcs4862J (Appellant) (Respondent)

For Appellant: Shri Bhupendra Shah, A.RFor Respondent: Shri Amol B. Kirtane, D.R
Section 129Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

ground which may be necessary.” 3. Briefly stated facts necessary for adjudication of the controversy at hand are : on the basis of search and seizure operation conducted on 05.05.2014 by the investigation wing in case of assessee, assessment proceedings under section 153A were initiated by way of issuance of notice ... decide the controversy once for all. Moreover, co-ordinate Bench of the Tribunal in assessee’s own connected case based upon the same search and seizure operation, identical issue has already been Shri Shailesh J. Jogani & ors remitted back to the AO vide order dated 21.03.2022 passed in ITA No.7354/M/2016