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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

Essel Mining & Industries Limited, West Bengal vs. Dy Commissioner of Income Tax, Central Circle-1(4), Mumabi

In the result, the penalty appeal of the assessee is allowed

ITA 2089/MUM/2022[2008-09]Status: DisposedITAT Mumbai10 Oct 2022AY 2008-09

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2089/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2008-09) Essel Mining & Industries बिधम/ Dcit, Central Circle-1(4) Ltd. 9Th Floor, Old Cgo Vs. Industry House, 18Th Floor, Building, M. K. Road, 10, Camac Street, Kolkata- Mumbai-400020. 700017. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaace6607L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Ms. Sukanya Jayaram Revenue By: Shri V. K. Chaturvedi (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 03/10/2022 घोषणा की तारीख /Date Of Pronouncement: 10/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Company Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-47, Mumbai Dated 16.06.2022 For The Assessment Year 2008-09 Against The Penalty Confirmed U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter “The Act”) Which Was Levied By The Ao (Concealment Of Income) In The Re- Assessment Proceedings Pursuant To A Search U/S 132 Of The Act By Framing Re-Assessment U/S 153C/143(3) Of The Act.

For Appellant: Ms. Sukanya JayaramFor Respondent: Shri V. K. Chaturvedi (Sr. AR)
Section 132Section 153CSection 271(1)(c)

quantum addition of Rs.4,65,56,163/- by observing at para no. 4.7 “we categorically hold that no additions/disallowance could be made in the search assessment u/s 153C of the Act for AY. 2008-09 in view of the aforesaid detailed reasons”. In the light of the aforesaid decisions