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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

Sh. Mahesh Prakash Sharma, New Delhi vs. ITO, New Delhi

In the result, appeal of the assessee is allowed

ITA 6113/DEL/2015[2007-08]Status: DisposedITAT Delhi19 Jan 2021AY 2007-08

Bench: Sh. H. S. Sidhuand, Sh. Anil Chaturvedi(Through Video Conferencing) Sh. Mahesh Prakash Vs. Ito, Sharma, Ward – 37(2), 430, Hawa Singh Block, New Delhi Asiad Village, New Delhi-110049 Pan : Aaaps 3525 F (Appellant) (Respondent) Assessee By Shri P. C. Yadav, Advocate Revenue By Shri Prakash Dubey, Sr. D.R. Date Of Hearing: 17.12.2020 Date Of Pronouncement: 19.01.2021 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-20, New Delhi Passed Under Section 143(3)/147 Of The Act, 1961 Order Dated 18.08.2015 For Assessment Year 2007-08. 2. The Relevant Facts As Culled From The Material On Records Are As Under: A.Ys. 2007-08 3. Assessee Is An Individual Stated To Be Doctor Deriving Income From Profession, Salary, House Property & Other Sources. Assessee Filed His Return Of Income For A.Y. 2007-08 Declaring Total Income At Rs.5,84,935/- & The Same Was Initially Processed U/S 143(1) Of The Act. Subsequently, The Case Was Reopened For Reassessment U/S 147 & Accordingly Notice U/S 148 Was Issued & Served Upon The Assessee. Thereafter, The Case Was Selected For Scrutiny & Assessment Was Framed U/S 147/143(3) Of The Act Vide Order Dated 11.03.2014 & The Total Income Was Determined At Rs. 15,84,940/-.

Section 132Section 143(1)Section 143(3)Section 147Section 148Section 28

alter any/all grounds of appeal before or at the time of hearing of the Appeal.” 6. AO has noted that a search and seizure operation u/s 132 of the Act was carried out by the Directorate of Income Tax (Investigation) on 06.09.2011 on Rockland Group of cases. After going through ... assessee that as a result of the aforesaid order of Hon’ble Delhi High Court, it had surrendered all its shares. Thereafter, the search and seizure action had taken place at Rockland grouping in 2011, wherein the Sweat Equity agreement entered between Rockland Hospital and various other persons was found