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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 Manilal P. Savla & Company, Pune vs. ACIT, Circle 5, Pune

In the result, the appeal of the assessee is allowed

ITA 2394/PUN/2024[2017-18]Status: DisposedITAT Pune24 Nov 2025AY 2017-18

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.2394 & 2393/Pun/2024 निर्धारण वर्ष / Assessment Year : 2017-18 M/S. Manilal P. Savla & Company, 24, Bhawani Peth, Pune-411042 Vs. Acit, Circle-5, Pune Pan: Aabfm9782A अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri M.R. Bhagwat Department By : Shri Vidya Ratan Kishore Date Of Hearing : 03-09-2025 Date Of Pronouncement : 24-11-2025 आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Both Dated 27.09.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)”/“Nfac"] Pertaining To Assessment Year (“Ay”) 2017-18. For The Sake Of Convenience, Both These Appeals Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri M.R. BhagwatFor Respondent: Shri Vidya Ratan Kishore
Section 132Section 142(1)Section 144Section 147Section 148Section 189Section 189(1)Section 189(2)Section 69A

Based on the information received from the office of the Dy. Commissioner of Income Tax, Central Circle-1(1), Pune that a search and seizure action was conducted u/s 132 of the Income Tax Act, 1961 (the “Act") in the case of Shri Sachin M. Nahar on 01.08.2017 wherein certain ... once a time carrying- on business of dealing in edible oils. The firm was dissolved on 31.08.2012 by executing Dissolution deed. A Search and Seizure action was conducted u/s 132 of the Act in the case of Shri Sachin M. Nahar on 01.08.2017 wherein certain documents were found and seized

M/S Manilal P. Savla & Company, Pune vs. ACIT, Circle 5, Pune

In the result, the appeal of the assessee is allowed

ITA 2393/PUN/2024[2017-18]Status: DisposedITAT Pune24 Nov 2025AY 2017-18

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.2394 & 2393/Pun/2024 निर्धारण वर्ष / Assessment Year : 2017-18 M/S. Manilal P. Savla & Company, 24, Bhawani Peth, Pune-411042 Vs. Acit, Circle-5, Pune Pan: Aabfm9782A अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri M.R. Bhagwat Department By : Shri Vidya Ratan Kishore Date Of Hearing : 03-09-2025 Date Of Pronouncement : 24-11-2025 आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Both Dated 27.09.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)”/“Nfac"] Pertaining To Assessment Year (“Ay”) 2017-18. For The Sake Of Convenience, Both These Appeals Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri M.R. BhagwatFor Respondent: Shri Vidya Ratan Kishore
Section 132Section 142(1)Section 144Section 147Section 148Section 189Section 189(1)Section 189(2)Section 69A

Based on the information received from the office of the Dy. Commissioner of Income Tax, Central Circle-1(1), Pune that a search and seizure action was conducted u/s 132 of the Income Tax Act, 1961 (the “Act") in the case of Shri Sachin M. Nahar on 01.08.2017 wherein certain ... once a time carrying- on business of dealing in edible oils. The firm was dissolved on 31.08.2012 by executing Dissolution deed. A Search and Seizure action was conducted u/s 132 of the Act in the case of Shri Sachin M. Nahar on 01.08.2017 wherein certain documents were found and seized

Assistant Commissioner of Income Tax, Guntur vs. Shyam Sunder Tobacco Company, Guntur

In the result, appeal filed by the revenue is dismissed

ITA 490/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam21 Nov 2025AY 2016-17

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.490/Viz/2025 (िनधा"रण वष"/Assessment Year:2016-17) Assistant Commissioner Of Vs. Shyam Sunder Tobacco Income Tax, Company, Central Circle-1, Guntur. Cr Buildings, K V Thota, Pan: Aaifs2024E Guntur-522004. (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Shri Mv Prasad, Ca राज" व "ारा/Revenue By: Shri Badicala Yadagiri, Cit-Dr सुनवाई की तारीख/Date Of 18/11/2025 Hearing: घोषणा की तारीख/Date Of 21/11/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm: The Present Appeal Filed By The Revenue Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 25/06/2025 Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 143(3) R.W.S 153C Of The Income-Tax Act, 1961 (For Short, “The Act”), Dated

For Appellant: Shri MV Prasad, CAFor Respondent: Shri Badicala Yadagiri, CIT-DR
Section 132(4)Section 143(3)Section 153CSection 651

real estate business had filed its return of income for AY 2016-17 on 15/10/2016 declaring an income of Rs.1,29,29,400/-. Search and seizure operations were conducted in the case of the assessee “M/s. Polisetty Somasundaram group of cases” on 28/01/2020 wherein a pen drive was found from

Asst. Commissioner of Income Tax, Central Circle-2, Nashik vs. Madanlal Lalchand Jain, Nandurbar

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

ITA 1572/PUN/2025[2021-22]Status: DisposedITAT Pune21 Nov 2025AY 2021-22

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

For Respondent: Shri Amol Khairnar, CIT-DR
Section 132Section 139(1)Section 142(1)Section 143(1)Section 143(2)Section 69B

brief, are that the assessee is an individual and engaged in the business of land developer and trading in real estate. A search and seizure action u/s 132 of the Act was conducted in the case of Dream Group & Land Developers of Nandurbar on 22.12.2021 during which the case

Madanlal Lalchand Jain, Nandurbar vs. ACIT Central Circle 2, Nashik

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

ITA 1404/PUN/2025[2022-23]Status: DisposedITAT Pune21 Nov 2025AY 2022-23

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

For Respondent: Shri Amol Khairnar, CIT-DR
Section 132Section 139(1)Section 142(1)Section 143(1)Section 143(2)Section 69B

brief, are that the assessee is an individual and engaged in the business of land developer and trading in real estate. A search and seizure action u/s 132 of the Act was conducted in the case of Dream Group & Land Developers of Nandurbar on 22.12.2021 during which the case

Madanlal Lalchand Jain, Nandurbar vs. ACIT Central Circle 2, Nashik

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

ITA 1403/PUN/2025[2021-22]Status: DisposedITAT Pune21 Nov 2025AY 2021-22

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

For Respondent: Shri Amol Khairnar, CIT-DR
Section 132Section 139(1)Section 142(1)Section 143(1)Section 143(2)Section 69B

brief, are that the assessee is an individual and engaged in the business of land developer and trading in real estate. A search and seizure action u/s 132 of the Act was conducted in the case of Dream Group & Land Developers of Nandurbar on 22.12.2021 during which the case