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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

Uni Design Jewellery (India) P. Ltd., Mumbai vs. Dy CIT, Central Circle-1(2), Mumbai

In the result, the assesse appeal is partly allowed

ITA 1983/MUM/2020[2012-13]Status: DisposedITAT Mumbai10 Feb 2022AY 2012-13

Bench: Shri S Rifaur Rahman & Shri Pavan Kumar Gadaleuni Design Jewellery Vs. Dcit, Cc-1(2) (India) Pvt Ltd., 904, 9Th Floor, Old Plot No. 3, Uni Design Cgo Bldg, Mk Road, House, Seepzwicel, Opp Mumbai-400020. Seepz Main Gate, Andheri (E), Mumbai – 400093 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacu3940J Appellant .. Respondent Appellant By : Mr.Vijay Mehta.C A. Ar Respondent By : Mr.S.N. Kabra.Sr. Dr Date Of Hearing 21.01.2022 Date Of Pronouncement 10.02.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)- 48,Mumbai Passed U/S 143(3) R.W.S 153A & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Mr.Vijay Mehta.C A. ARFor Respondent: Mr.S.N. Kabra.Sr. DR
Section 132Section 143(2)Section 143(3)Section 69ASection 69B

case are that, the assessee company is engaged in the business of manufacturing of diamond studded Gold and Platinum jewellery. A search and seizure operations was conducted u/s 132 Uni Design Jewellery (India) Pvt Ltd, Mumbai. of the Act on the assessee group company M/S Mahendra Brothers Exports ... Rs.4,49,017, under section 69A and 69B of the Act respectively. 10. Brief facts are, during the search and seizure operation in the business premises of the assessee, stock of diamond, gold, platinum, silver and palladium was found physically and were valued through a Government approved valuer

Mre. Kranti Bagad, Mumbai vs. Dy CIT, CC-1(1), Mumbai

In the result, the appeal filed by the assesee is allowed

ITA 458/MUM/2021[2013-14]Status: DisposedITAT Mumbai03 Feb 2022AY 2013-14

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadalemrs. Kranti Bagad, Vs. Dcit, Cc-1(1) 1302, Sidhivinayak 9Th Floor, Pratistha Chs Ltd, Plot No. 3, Bhavan, Old Cgo Bldg Sector – 14, Khanda Annexe, Mk Road, Colony, New Panvel, Mumbai – 400020. Panvel – 410206. Maharashtra "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ahppb2241N Appellant .. Respondent Appellant By : Ms.Hiral.D.Sejpal. C.A. Ar Respondent By : Mr.K.K.Mishra. Cit.Dr Date Of Hearing 09.12.2021 Date Of Pronouncement 14.02.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm:

For Appellant: Ms.Hiral.D.Sejpal. C.A. ARFor Respondent: Mr.K.K.Mishra. CIT.DR
Section 142(1)Section 143(3)Section 153ASection 68

Bagad, Mumbai. filed the return of income for the A.Y 2013-14 on 31.07.2013 disclosing a total income of Rs.30,63,620/-. A search and seizure operations conducted on Balaji Group concrns on 28.01.2015 and the premises of the asssessee was also covered in the search operations. Subsequently, notice ... Continental Warehousing Corporation(Nhava Sheva) Ltd (2015) 58 taxmann.com 78 held as under: Section 153A of the Income-tax Act, 1961 - Search and seizure - Assessment in case of (Scope of) - Whether in a case where pursuant to issue of notice under section 153A assessments are abated, Assessing Officer retains original