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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

M/S Green Orchard Farm House, Bangalore vs. DCIT, Bangalore

In the result, the appeal filed by the assessee stands allowed

ITA 918/BANG/2016[2012-13]Status: DisposedITAT Bangalore14 Dec 2021AY 2012-13

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiassessment Year : 2012-13 M/S. Green Orchard Farm Houses, The Deputy #10/1, Lakshminarayana Commissioner Of Complex, Income Tax, Palace Road, Central Circle – 2[2], Bangalore – 560 052. Bangalore. Vs. Pan: Aagfg4507Q Appellant Respondent Assessee By : Shri R. Ramakrishnan, Ca : Shri Muzaffar Hussain, Cit Revenue By (Dr) Date Of Hearing : 07-10-2021 Date Of Pronouncement : 14-12-2021 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against Order Dated 15.03.2016 Passed By Ld.Cit(A)-11 For Assessment Year 201213. 2. At The Outset, Ld.Ar Raised Following Legal Issue Challenging The Validity Of The Assessment Order Passed As A Notice U/S. 143(2) Was Issued Beyond A Period Of Six Months. The Legal Issue Is Raised By An Application Dated 29.03.2018 Seeking Admission Of Additional Grounds As Under:

For Appellant: Shri R. Ramakrishnan, CA
Section 132Section 139Section 139(1)Section 142Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 292B

consideration it filed its return of income u/s. 139 on 31.07.2012 declaring taxable income @ Nil (loss of Rs. 26,83,80,898/-. A search and seizure operation u/s. 132 was conducted in case of Shri Dayananda Pai and group on 12.04.2011 where the office premises of assessee was also covered

Vijayshree Food Products P.Ltd, New Delhi vs. ACIT, Central Circle-30, New Delhi

In the result, both these appeals are partly allowed

ITA 587/DEL/2019[2014-15]Status: DisposedITAT Delhi06 Dec 2021AY 2014-15

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2014-15 Vijayshree Food Products P. Ltd., Vs. Acit, C/O Ravi Gupta, Advocate, Central Circle-30, E-6A, Kailash Colony, New Delhi. New Delhi. Pan: Aaccv4721C (Appellant) (Respondent) Assessee By : Shri P.C. Yadav, Advocate Revenue By : Shri Prakash Dubey, Sr.Dr Date Of Hearing : 09.09.2021 Date Of Pronouncement : 06.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28Th December, 2018 Of The Cit(A)-30, New Delhi, Relating To Assessment Year 2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Manufacturing & Export Of Tobacco Products. It Filed Its Return Of Income On 30Th September, 2014 Declaring The Loss Of Rs.18,78,467/-. The Return Was Processed U/S 143(1) Of The Act On 26Th November, 2014 At The Returned Income. Subsequently, The Ao Reopened The Assessment As Per The Provisions Of Section 147 Of The Act By Recording The Following Reasons:-

For Appellant: Shri P.C. Yadav, AdvocateFor Respondent: Shri Prakash Dubey, Sr.DR
Section 131Section 131(1)(d)Section 132Section 132(4)Section 143(1)Section 147Section 148Section 68

companies giving accommodation entries of share application money, share premium, share capital and unsecured loan came to light. He observed that during the search and seizure operation u/s 132 of the Act on 9th October, 2014 in the Kuber Group of Companies, statement of Shri Mul Chand Malu was recorded ... Group, details relating to companies giving accommodation entries of share application money, share premium, share capital and unsecured loans came to light. During search and seizure operations u/s 132 of Income Tax Act 1961 on 9.10.2014, in the statement recorded u/s 132(4) of the I.T. Act and during