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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

Asstt. CIT - CC-1(2), Mumbai vs. Mangal Buildhome P. Ltd., Mumbai

In the result, all the appeals filed by the revenue are dismissed

ITA 567/MUM/2021[2013-14]Status: DisposedITAT Mumbai23 Feb 2022AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Bledcit – 1(1) V. M/S. Shree Ratna Mangal Jewels Pvt. Ltd., Shop No.302, 3Rd Floor 903, 9Th Floor Chinatamani Arcade, Dhanji Street Pratishtha Bhavan Mumbai - 400003 Old Cgo Building Annexe Maharishi Karve Road Pan: Aapcs6589J Mumbai - 400020 (Appellant) (Respondent) Dcit – 1(1) V. M/S. Mangal Buildhome Pvt. Ltd., 903, 9Th Floor A.1701-1702, Lotus Corporate Park Goregaon (E), Mumbai - 400063 Pratishtha Bhavan Old Cgo Building Annexe Pan: Aagcm5420M Maharishi Karve Road Mumbai - 400020 (Appellant) (Respondent) Dcit – 1(1) V. M/S. Mangal Bullion Pvt. Ltd., 903, 9Th Floor 202, 2Nd Floor Chinatamani Arcade Pratishtha Bhavan Opp. Bombay Bullion Building Old Cgo Building Annexe Dhanji Street, Mumbai - 400003 Maharishi Karve Road Mumbai - 400020 Pan: Aagcm2672M (Appellant) (Respondent)

For Appellant: Shri Neelkanth KhandelwalFor Respondent: Shri Rakesh Garg
Section 132(1)Section 143(2)Section 153CSection 68

ITA.No. 567/Mum/2021 for the A.Y. 2013-14 as the lead case. 3. Brief facts of the case are that, a search and seizure operation u/s.132(1) of the Act was conducted in the case of Shri Pravin Kumar Jain (for short “PKJ”) on 01.10.2013. During the course of search, companies ... assessee attended and submitted the relevant information as called for. 4. Assessee is engaged in the construction business. In search and seizure operation conducted on the residential and business premise of the PKJ and on the basis of evidences recovered and statements of various persons recorded, Assessing Officer observed that

Asstt. CIT, CC-1(1), Mumbai vs. Shree Ratna Mangal Jewels P. Ltd., Mumbai

In the result, all the appeals filed by the revenue are dismissed

ITA 566/MUM/2021[2012-13]Status: DisposedITAT Mumbai23 Feb 2022AY 2012-13

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Bledcit – 1(1) V. M/S. Shree Ratna Mangal Jewels Pvt. Ltd., Shop No.302, 3Rd Floor 903, 9Th Floor Chinatamani Arcade, Dhanji Street Pratishtha Bhavan Mumbai - 400003 Old Cgo Building Annexe Maharishi Karve Road Pan: Aapcs6589J Mumbai - 400020 (Appellant) (Respondent) Dcit – 1(1) V. M/S. Mangal Buildhome Pvt. Ltd., 903, 9Th Floor A.1701-1702, Lotus Corporate Park Goregaon (E), Mumbai - 400063 Pratishtha Bhavan Old Cgo Building Annexe Pan: Aagcm5420M Maharishi Karve Road Mumbai - 400020 (Appellant) (Respondent) Dcit – 1(1) V. M/S. Mangal Bullion Pvt. Ltd., 903, 9Th Floor 202, 2Nd Floor Chinatamani Arcade Pratishtha Bhavan Opp. Bombay Bullion Building Old Cgo Building Annexe Dhanji Street, Mumbai - 400003 Maharishi Karve Road Mumbai - 400020 Pan: Aagcm2672M (Appellant) (Respondent)

For Appellant: Shri Neelkanth KhandelwalFor Respondent: Shri Rakesh Garg
Section 132(1)Section 143(2)Section 153CSection 68

ITA.No. 567/Mum/2021 for the A.Y. 2013-14 as the lead case. 3. Brief facts of the case are that, a search and seizure operation u/s.132(1) of the Act was conducted in the case of Shri Pravin Kumar Jain (for short “PKJ”) on 01.10.2013. During the course of search, companies ... assessee attended and submitted the relevant information as called for. 4. Assessee is engaged in the construction business. In search and seizure operation conducted on the residential and business premise of the PKJ and on the basis of evidences recovered and statements of various persons recorded, Assessing Officer observed that

M/S. Translands Infrastructure Developers P. Ltd., Navi Mumbai vs. Dy CIT-15(3)(1), Mumbai

In the result, the appeal filed by the assessee is hereby allowed

ITA 1676/MUM/2020[2012-13]Status: DisposedITAT Mumbai21 Feb 2022AY 2012-13

Bench: Shri Amarjit Singh, Jm & Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 1676/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2012-13) M/S. Translands Infrastructure बिधम/ Dcit-15(3)(1) Developers Pvt. Ltd. Room No.451, Aayakar Vs. Office No. A-702, 7Th Floor, Bhavan, M. K. Marg, Everest Nivara Infotech Park, Mumbai-400020. Plot No.D/3, Ttc Industrial Area, Midc, Turbhe, Navi Mumbai-400705. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadct0036B (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri J. P. Bairagra Revenue By: Shri S. N. Kabra (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 24/01/2022 घोषणा की तारीख /Date Of Pronouncement: 21/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 25.02.2020 Passed By The Commissioner Of Income Tax (Appeals) -24, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2012- 13. 2. The Assessee Has Raised The Following Grounds: - “1. Ld. Cit (A) Erred In Upholding The Reopening Of Assessment U/S 147 Of The Income Tax Act. A.Y.2012-13 2. Ld. Cit (A) Erred In Upholding The Reassessment U/S 147 Which Was Reopened By Ao On The Basis Of Borrowed Satisfaction I.E. Merely On The Basis Of Information Received In Letter From Dy. Dit (Inv.) In Respect Of Search & Seizure U/S 132 Of The Act In The Case Of Shri Vipul Vidur Bhatt Without Application Of His Own Mind Before Issue Of Notice U/S 148. 3. The Ld Cit (A) Erred In Upholding The Reassessment U/S 147 Reopened By Ao Without Taking The Requisite Approval From The Principal Commissioner U/S 151(1) Of The Income Tax Act, 1961 By Recording The Satisfaction That It Is A Fit Case For Reopening On The Basis Of Reasons For Reopening Recorded By The Ld Ao As No Exact Copy Of The Said Approval Has Been Given To The Appellant.

For Appellant: Shri J. P. BairagraFor Respondent: Shri S. N. Kabra (Sr. AR)
Section 132Section 132(4)Section 143(1)Section 143(3)Section 147Section 148Section 151(1)Section 68

basis of borrowed satisfaction i.e. merely on the basis of information received in letter from Dy. DIT (Inv.) in respect of search and seizure u/s 132 of the Act in the case of Shri Vipul Vidur Bhatt without application of his own mind before issue of notice