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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

Ravi Rambabu, Hyderabad vs. ACIT., Central Circle 2(3), Hyderabad

ITA 651/HYD/2025[2020-21]Status: DisposedITAT Hyderabad26 Nov 2025AY 2020-21

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No. 651/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2020-21) Ravi Rambabu, Vs. Assistant Commissioner Hyderabad. Of Income Tax, Circle-2(3), Pan: Abspr3702P Hyderabad. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 17/11/2025 घोषणा की तारीख/Date Of 26/11/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Is Directed Against The Rectification Order Dated 28.03.2025 Passed By The Cit (Appeals) Under Section 154 Of The Income-Tax Act, 1961 (For Short, “Act"), Dated 28.03.2025, Which In Turn Arises From The Order Passed By The Cit(A) Disposing Of The Assessee’S Appeal, Vide His Order Dated 29.01.2025. The Assessee Has Assailed The Impugned Order Passed By The Cit(A)

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Dr. Sachin Kumar, Sr. AR
Section 115BSection 139(1)Section 143(3)Section 153ASection 153BSection 153CSection 154Section 68Section 69Section 69A

rescind all or any of the grounds of appeal at any time before or at the time of hearing of the appeal.” 2. Search and seizure operations under section 132 were carried out on 22.10.2019 in the case of M/s Skill Promoters Pvt. Ltd. and others. During the course

Balatripura Sundari Donepudi, Hyderabad vs. DCIT., Central Circle - 1(4), Hyderabad

ITA 556/HYD/2025[2016-17]Status: DisposedITAT Hyderabad26 Nov 2025AY 2016-17

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No. 556/Hyd/2025 (िनधा"रण वष"/Assessment Year:2016-17) Balatripura Sundari Vs. Deputy Commissioner Donepudi, Of Income Tax, Hyderabad. Central Circle-1(4), Pan: Afhpd2082B Hyderabad. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By: Shri Gurpreet Singh, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 16/10/2025 घोषणा की तारीख/Date Of 26/11/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M:

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Gurpreet Singh, Sr. AR
Section 132Section 143(3)Section 153CSection 250Section 69

return of income for the subject year, i.e., AY 2016-17, on 31.03.2017, declaring an income of Rs. 3,73,930/-. 3. Search and seizure proceedings under section 132 of the Act were conducted in the cases of M/s Sumeru Infrastructure Park and its group concerns on 08.02.2019. During ... course of the search and seizure proceedings conducted at the residence of Smt. Sandhya Sree, Director of M/s Frontier Infra Projects (India) Pvt. Ltd., certain loose papers were 3 Balatripura Sundari Donepudi vs. DCIT seized from her residence. Based on those papers, the AO, who was common for the searched

P Chadra Sekhar Reddy, Nellore vs. The Assistant Commissioner of Income Tax, Central Circle, Tirupathi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 16/HYD/2024[2016-17]Status: DisposedITAT Hyderabad26 Nov 2025AY 2016-17

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.16/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2016-17) Shri P Chandra Sekhar Vs. Acit Reddy Central Circle Nellore Tirupati Pan:Aitpp3592M (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Ca M.V. Prasad राज" व "ारा/Revenue By:: Shri Ranjan Agrawala, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 19/11/2025 घोषणा की तारीख/Pronouncement: 26/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri P Chandra Sekhar Reddy (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) Dated 08.11.2023 For The A.Y 2016-17. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Learned Cit (Appeals) Is Erred In Facts & Law While Passing The Order.

For Appellant: CA M.V. PrasadFor Respondent: : Shri Ranjan Agrawala, Sr. DR
Section 132Section 143(2)Section 143(3)Section 153A

time of hearing of the appeal if it is considered necessary. 3. The brief facts of the case are that a search and seizure operation under section 132 of the Income Tax Act, 1961 (“the Act”) was conducted in the case of the assessee on 27.12.2016. Pursuant thereto, notice under