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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

Deputy Commissioner of Income Tax, Central Circle-3, Income Tax Office vs. Supreme Polymers Private Limited, Jaipur

In the results the appeal of the

ITA 189/JPR/2025[2015-16]Status: DisposedITAT Jaipur06 Aug 2025AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील सं. / ITA No. 189/JP/2025 निर्धारण वर्ष / Assessment Year : 2015-16 DCIT, Central Circle-03, Jaipur बनाम Vs. Supreme Polymers Pvt. Ltd. 137-138, Industrial Area, Jhotwara, Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AACCS 5773 P अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by: Shri Gaurav Nahata, CA राजस्व की ओर से / Revenue by : Mrs. Anita Rinesh, JCIT, Sr. DR सुनवाई की ता

For Appellant: Shri Gaurav Nahata, CAFor Respondent: Mrs. Anita Rinesh, JCIT, Sr. DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 153A

Jain to arrange for cross-examination of Shri Satish 10 DCIT vs. Supreme Polymers Pvt. Ltd. Monga and Shri Kamlesh Gupta again during the search assessment proceedings. Ld. AO went on to note that this is a case of bogus paper entity lacking of creditworthiness, he also noted that ... following paras from the judgement of Hon'ble Supreme Court in the case of Abhisar Buildwell (supra):- “Thus, the foundation for making search assessments under sections 153A/153C can be said to be the existence of incriminating material showing undisclosed income detected as a result of search... [Para 9.1] ....The object

Jai Shankar Maheshwari, Delhi vs. DCIT, Central Circle-31, New Delhi, Delhi

In the result, the appeal of the assessee is allowed

ITA 1183/DEL/2024[2021-22]Status: DisposedITAT Delhi06 Aug 2025AY 2021-22

Bench: Shri Mahavir Singh & Shri Manish Agarwal[Assessment Year : 2021-22] Shri Jai Shankar Vs Dcit, Maheshwari, B-14, 2Nd Floor, Central Circle-31, Preet Vihar, Delhi-110092. New Delhi Pan-Aaupm3199E Appellant Respondent Appellant By Dr.Rakesh Gupta, Adv. Respondent By Shri Om Parakash, Sr.Dr Date Of Hearing 14.05.2025 Date Of Pronouncement 06.08.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 31.01.2024 Of Ld. Commissioner Of Income Tax (A)-30, New Delhi [“Ld.Cit(A)”] In Appeal No.10146/2020-21 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 30.12.2022 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2020-21. 2. Brief Fact Of The Case Are That The Assessee Is An Individual, Having Income From Salary & Interest Income & Filed His Return Of Income On 10.01.2022, Declaring Income Of Inr 5,46,580/-. The Assessment Was Selected For Scrutiny By Way Of Issue Of Notice On 30.06.2022 & After Considering The Submissions Of The Assessee & Also Placing Reliance On The Material Found During The Course Of Search Carried Out On M/S. Jainco Ltd. On 06.01.2021, An Addition Of Inr 62,00,000/- Is Made To The Total Income Of The Assessee By Holding That The Same As Undisclosed Sales Consideration Received In Addition To The Agreed Consideration Received On The Sale Of 50% Of Shares In The Property At G-174, 2Nd Floor, Preet Vihar, New Delhi-110092. 3. Against This Order, An Appeal Filed By The Assessee Before Ld.Cit(A) Wherein The Assessee Has Challenged The Assessment Order On Merits Of The Additions Which Has Been Dismissed By The Ld.Cit(A) In Terms Of Impugned Order Dated 31.01.2024. 4. Aggrieved By The Said Order, The Assessee Is In Appeal Before Tribunal Wherein Following Grounds Of Appeal Are Taken:-

Section 143(3)Section 153CSection 250Section 54

satisfaction was recorded by the AO of the present appellant. 4. It is now settled provision of law that as for the purpose of search assessments, the period of six years immediately preceding the assessment year relevant for the previous year in which search was conducted has to be reckoned