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“search assessment”

Search & SeizureSection 153ASection 153A2,574 judgments

The decision most relied on for search assessment is CIT v. Kabul Chawla (380 ITR 573), cited in 3,235 judgments on BharatTax.

Leading authorities on search assessment

CIT v. Kabul Chawla
380 ITR 573 · 2016 · High Court
3,235
citing judgments

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

Pr. CIT v. Abhisar Buildwell (P.) Ltd.
149 Taxmann.com 399 · 2023 · Supreme Court
2,379
citing judgments

An assessment under section 153A is without jurisdiction if there is an absence of incriminating material for an unabated assessment year.

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.

Pr. CIT v. Meeta Gutgutia
395 ITR 526 · 2017 · High Court
1,226
citing judgments

In search assessments under Section 153A, additions to income are permissible only if incriminating material is found during the search; in the absence of such material, completed assessments cannot be disturbed. A statement recorded under Section 132(4) and later retracted may not, on its own, constitute sufficient incriminating evidence for making additions.

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.

PCIT v. Best Infrastructure (India) (P.) Ltd.
397 ITR 82 · 2017 · High Court
786
citing judgments

A statement recorded under Section 132(4) of the Income Tax Act, 1961, does not by itself constitute incriminating material for making additions to income.

CIT v. RRJ Securities Ltd.
380 ITR 612 · 2016 · High Court
689
citing judgments

Completed assessments can be interfered with under Section 153A or 153C only on the basis of incriminating material unearthed during the search, necessitating a direct correlation between the discovered material and the power to assess or reopen concluded assessments.

Judgments citing search assessment

Geetha Mehra, Chennai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals of the assessee for assessment year

ITA 4039/MUM/2016[2007-08]Status: HeardITAT Mumbai21 Nov 2022AY 2007-08

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 & Assessment Year: 2006-07 & Assessment Year: 2007-08 Ms. Geetha Mehra, Acit (3)(1)(1), C/O Synergy Art Foundation Ltd., Room No. 607, Aayakar Vs. 6/19 Ii Floor, Grants Building Bhavan, Maharshi Karve Arthur Bunder Road, Colaba, Road, Mumbai-400 005. Mumbai-400020. (Formerly Deputy Commissioner Of Income Tax, Central Circle 44) Pan No. Aagpm 9039 H Appellant Respondent : Assessee By Mr. Ajay Ghone, Ar : Revenue By Mr. Kailash Kanojia, Cit-Dr Date Of Hearing : 25/08/2022 : Date Of Pronouncement 21/11/2022

For Respondent: Assessee by Mr. Ajay Ghone, AR
Section 13Section 132Section 143(3)Section 153A

income for each of the assessment year The assessee filed return of income for each of the assessment year within the period covered under search assessment period covered under search assessment period covered under search assessments and declared income accordingly. The assessment income accordingly. The assessments under section 153A read ... income assessment year wise income declared in the return of income assessed under section 153A assessed under section 153A of the Act for the search assessment for the search assessment period is summarized as under ed as under: Assessment year essment year Returned Income(Rs.) Assessed Income(Rs.) Assessed Income

Geetha Mehra, Chennai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals of the assessee for assessment year

ITA 4038/MUM/2016[2006-07]Status: HeardITAT Mumbai21 Nov 2022AY 2006-07

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 & Assessment Year: 2006-07 & Assessment Year: 2007-08 Ms. Geetha Mehra, Acit (3)(1)(1), C/O Synergy Art Foundation Ltd., Room No. 607, Aayakar Vs. 6/19 Ii Floor, Grants Building Bhavan, Maharshi Karve Arthur Bunder Road, Colaba, Road, Mumbai-400 005. Mumbai-400020. (Formerly Deputy Commissioner Of Income Tax, Central Circle 44) Pan No. Aagpm 9039 H Appellant Respondent : Assessee By Mr. Ajay Ghone, Ar : Revenue By Mr. Kailash Kanojia, Cit-Dr Date Of Hearing : 25/08/2022 : Date Of Pronouncement 21/11/2022

For Respondent: Assessee by Mr. Ajay Ghone, AR
Section 13Section 132Section 143(3)Section 153A

income for each of the assessment year The assessee filed return of income for each of the assessment year within the period covered under search assessment period covered under search assessment period covered under search assessments and declared income accordingly. The assessment income accordingly. The assessments under section 153A read ... income assessment year wise income declared in the return of income assessed under section 153A assessed under section 153A of the Act for the search assessment for the search assessment period is summarized as under ed as under: Assessment year essment year Returned Income(Rs.) Assessed Income(Rs.) Assessed Income

Geetha Mehra, Chennai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals of the assessee for assessment year

ITA 4037/MUM/2016[2005-06]Status: HeardITAT Mumbai21 Nov 2022AY 2005-06

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 & Assessment Year: 2006-07 & Assessment Year: 2007-08 Ms. Geetha Mehra, Acit (3)(1)(1), C/O Synergy Art Foundation Ltd., Room No. 607, Aayakar Vs. 6/19 Ii Floor, Grants Building Bhavan, Maharshi Karve Arthur Bunder Road, Colaba, Road, Mumbai-400 005. Mumbai-400020. (Formerly Deputy Commissioner Of Income Tax, Central Circle 44) Pan No. Aagpm 9039 H Appellant Respondent : Assessee By Mr. Ajay Ghone, Ar : Revenue By Mr. Kailash Kanojia, Cit-Dr Date Of Hearing : 25/08/2022 : Date Of Pronouncement 21/11/2022

For Respondent: Assessee by Mr. Ajay Ghone, AR
Section 13Section 132Section 143(3)Section 153A

income for each of the assessment year The assessee filed return of income for each of the assessment year within the period covered under search assessment period covered under search assessment period covered under search assessments and declared income accordingly. The assessment income accordingly. The assessments under section 153A read ... income assessment year wise income declared in the return of income assessed under section 153A assessed under section 153A of the Act for the search assessment for the search assessment period is summarized as under ed as under: Assessment year essment year Returned Income(Rs.) Assessed Income(Rs.) Assessed Income

Geetha Mehra, Chennai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals of the assessee for assessment year

ITA 4036/MUM/2016[2003-04]Status: HeardITAT Mumbai21 Nov 2022AY 2003-04

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 & Assessment Year: 2006-07 & Assessment Year: 2007-08 Ms. Geetha Mehra, Acit (3)(1)(1), C/O Synergy Art Foundation Ltd., Room No. 607, Aayakar Vs. 6/19 Ii Floor, Grants Building Bhavan, Maharshi Karve Arthur Bunder Road, Colaba, Road, Mumbai-400 005. Mumbai-400020. (Formerly Deputy Commissioner Of Income Tax, Central Circle 44) Pan No. Aagpm 9039 H Appellant Respondent : Assessee By Mr. Ajay Ghone, Ar : Revenue By Mr. Kailash Kanojia, Cit-Dr Date Of Hearing : 25/08/2022 : Date Of Pronouncement 21/11/2022

For Respondent: Assessee by Mr. Ajay Ghone, AR
Section 13Section 132Section 143(3)Section 153A

income for each of the assessment year The assessee filed return of income for each of the assessment year within the period covered under search assessment period covered under search assessment period covered under search assessments and declared income accordingly. The assessment income accordingly. The assessments under section 153A read ... income assessment year wise income declared in the return of income assessed under section 153A assessed under section 153A of the Act for the search assessment for the search assessment period is summarized as under ed as under: Assessment year essment year Returned Income(Rs.) Assessed Income(Rs.) Assessed Income

Geetha Mehra, Chennai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals of the assessee for assessment year

ITA 4035/MUM/2016[2002-03]Status: HeardITAT Mumbai21 Nov 2022AY 2002-03

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 & Assessment Year: 2006-07 & Assessment Year: 2007-08 Ms. Geetha Mehra, Acit (3)(1)(1), C/O Synergy Art Foundation Ltd., Room No. 607, Aayakar Vs. 6/19 Ii Floor, Grants Building Bhavan, Maharshi Karve Arthur Bunder Road, Colaba, Road, Mumbai-400 005. Mumbai-400020. (Formerly Deputy Commissioner Of Income Tax, Central Circle 44) Pan No. Aagpm 9039 H Appellant Respondent : Assessee By Mr. Ajay Ghone, Ar : Revenue By Mr. Kailash Kanojia, Cit-Dr Date Of Hearing : 25/08/2022 : Date Of Pronouncement 21/11/2022

For Respondent: Assessee by Mr. Ajay Ghone, AR
Section 13Section 132Section 143(3)Section 153A

income for each of the assessment year The assessee filed return of income for each of the assessment year within the period covered under search assessment period covered under search assessment period covered under search assessments and declared income accordingly. The assessment income accordingly. The assessments under section 153A read ... income assessment year wise income declared in the return of income assessed under section 153A assessed under section 153A of the Act for the search assessment for the search assessment period is summarized as under ed as under: Assessment year essment year Returned Income(Rs.) Assessed Income(Rs.) Assessed Income