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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

Shri V. Natarajan (Individual), Rasipuram vs. ACIT, Central Circle, Salem

In the result, both the appeals of assessee in ITA No

ITA 1801/CHNY/2024[2015-16]Status: DisposedITAT Chennai31 Oct 2025AY 2015-16

Bench: Shri Manu Kumar Giri & Shri Jagadishआयकर अपील सं./Ita Nos.1535 & 1801/Chny/2024 ननिाारण वर्ा/Assessment Years: 2016-17 & 2015-16 V. Varadappan Natarajan/ The Acit, V. Natarajan (Individual), Central Circle, No.64-C, Rotary Nagar, Salem. Rasipuram Tamil Nadu-637 408. [Pan: Acgpn1477Q] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr.T.S. Lakshmi Venkataraman, Fca (Virtual) प्रत्यर्थी की ओर से /Respondent By : Mr.Shiva Srinivas, Cit सुनवाईकीतारीख/Date Of Hearing : 09.10.2025 घोर्णाकीतारीख /Date Of Pronouncement : 31.10.2025

For Appellant: Mr.T.S. LakshmiFor Respondent: Mr.Shiva Srinivas, CIT
Section 115BSection 143(3)Section 153ASection 250Section 250(6)Section 37Section 68

Assessee, Individual, is a Chartered Accountant and he is the Chairman of M/s Pavai Varam Educational Trust. A search and seizure operation u/s 132 were carried at residential and premises of M/s Pavai Varam Educational Trust on 27.12.2016. The Assessee filed his return of income originally ... adopted similar legal arguments that are taken in ITA No.1535/Chny/2024 for AY 2016-17. 14. We have heard the rival submissions. A search and seizure operation under section 132 of the Act was conducted on 27.12.2016 in the case of the assessee and connected group cases. The assessee filed return

Varadappan Natarajan, Rasipuram vs. ACIT, Central Circle, Salem

In the result, both the appeals of assessee in ITA No

ITA 1535/CHNY/2024[2016-17]Status: DisposedITAT Chennai31 Oct 2025AY 2016-17

Bench: Shri Manu Kumar Giri & Shri Jagadishआयकर अपील सं./Ita Nos.1535 & 1801/Chny/2024 ननिाारण वर्ा/Assessment Years: 2016-17 & 2015-16 V. Varadappan Natarajan/ The Acit, V. Natarajan (Individual), Central Circle, No.64-C, Rotary Nagar, Salem. Rasipuram Tamil Nadu-637 408. [Pan: Acgpn1477Q] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr.T.S. Lakshmi Venkataraman, Fca (Virtual) प्रत्यर्थी की ओर से /Respondent By : Mr.Shiva Srinivas, Cit सुनवाईकीतारीख/Date Of Hearing : 09.10.2025 घोर्णाकीतारीख /Date Of Pronouncement : 31.10.2025

For Appellant: Mr.T.S. LakshmiFor Respondent: Mr.Shiva Srinivas, CIT
Section 115BSection 143(3)Section 153ASection 250Section 250(6)Section 37Section 68

Assessee, Individual, is a Chartered Accountant and he is the Chairman of M/s Pavai Varam Educational Trust. A search and seizure operation u/s 132 were carried at residential and premises of M/s Pavai Varam Educational Trust on 27.12.2016. The Assessee filed his return of income originally ... adopted similar legal arguments that are taken in ITA No.1535/Chny/2024 for AY 2016-17. 14. We have heard the rival submissions. A search and seizure operation under section 132 of the Act was conducted on 27.12.2016 in the case of the assessee and connected group cases. The assessee filed return

Income Tax Officer, Bkc Mumbai vs. Mukeshkumar Jain, Mumbai

In the result, Revenue’s appeal is dismissed

ITA 4664/MUM/2025[2017-18]Status: DisposedITAT Mumbai31 Oct 2025AY 2017-18

Bench: Shri Narender Kumar Choudhryassessment Year: 2017-18 Income Tax Officer Mukeshkumar Jain Room No 854B, Kautilya B/703, Plot No 46-47, Bhavan, Bkc 400051 Mumbai, Mamta Apartment, Lt Vs. Mumbai Nagar, Road No. 3, Mg Road, Goregaon West 400062, Mumbai- Mumbai Pan: Afkpj4536K (Appellant) (Respondent) Present For: Assessee By : Shri. Tejas Sodha Revenue By : Shri Praveen K. Srivastav, Ld. Sr.D.R. Date Of Hearing : 08.10.2025 Date Of Pronouncement : 31.10.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Revenue Against The Order Dated 26.06.2025, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/ Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2017-18. 2. In This Case, The Assessee Had Declared His Total Income Of Rs. 12,48,190/- By Filing Return Of Income For The Ay Under Consideration On Dated 23.12.2017. Thereafter, The Assessing Officer (In Short ‘Ld.Ao’) On The Basis Of Information Received From The Dcit, Central Circle 7(2), Mumbai To The Effect That The Assessee Was A Beneficiary Of The Accommodation Entry Of Rs.

For Appellant: Shri. Tejas SodhaFor Respondent: Shri Praveen K. Srivastav, Ld. Sr.D.R
Section 147Section 148Section 250

Assessee, observed as under: “That M/s. Aneri Fincap Limited was a paper company managed and controlled by Rajesh G. Mehta, in whose group, search and seizure operation was conducted on dated 06.11.2019 and Shri. Rajesh G Mehta was arrested by the GST Department for fraudulent business activates and despite