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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

Mahesh Edible Oil Industries Limited, Delhi vs. Asstt. Commissioner of Income Tax, Agra

The appeal of the assessee stands partly allowed

ITA 113/AGR/2023[2013-14]Status: DisposedITAT Agra25 Apr 2025AY 2013-14

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.113/Agr/2023 (िनधा"रणवष" / Assessment Year: 2013-14) & 2. आयकरअपीलसं./ Ita No.114/Agr/2023 (िनधा"रणवष" / Assessment Year: 2014-15) & 3. आयकरअपीलसं./ Ita No.115/Agr/2023 (िनधा"रणवष" / Assessment Year: 2015-16) & 4. आयकरअपीलसं./ Ita No.116/Agr/2023 (िनधा"रणवष" / Assessment Year: 2016-17) & 5. आयकरअपीलसं./ Ita No.117/Agr/2023 (िनधा"रणवष" / Assessment Year: 2017-18) & 6. आयकरअपीलसं./ Ita No.118/Agr/2023 (िनधा"रणवष" / Assessment Year: 2018-19) & 7. आयकरअपीलसं./ Ita No.119/Agr/2023 (िनधा"रणवष" / Assessment Year: 2019-20) M/S Mahesh Edible Oil Industries Ltd. Acit-Central Circle बनाम/ 3/14-A, Jungpura-B Agra. Vs. New Delhi – 110 014. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccm-7102-J (अपीलाथ"/Appellant) : (""थ" / Respondent) & 8. आयकरअपीलसं./ Ita No.157/Agr/2023 (िनधा"रणवष" / Assessment Year: 2013-14) &

For Appellant: Sh. Rakesh Gupta (Adv.), Sh. SomilFor Respondent: Sh. Sukesh Kumar Jain, Ld. CIT-DR
Section 142ASection 143(3)Section 145Section 153ASection 37(1)

reports of UP Commercial Tax Authorities. However, in appellate proceedings, the appellant produced registers of Krishi Utpadan Mandi Samiti, Shamsabad (Agra) for all seven searched assessment years from which it was quite evident that the assessee had made substantial purchases from all these concerns in all the years. From ... matter of fact was that Ld. AO was barred from verifying all the bogus purchases because the assessee did not produce these details during search assessment proceedings. In the present proceedings, the assessee detailed purchases and consumption of mustard seed for AYs2013-14 to AY 2019-20 and the percentage

ACIT CC 6(1), Mumbai, Bkc vs. Roshni Enterprises, Mumbai

In the result, all the three appeals by the revenue are dismissed

ITA 4471/MUM/2024[2019-20]Status: DisposedITAT Mumbai25 Apr 2025AY 2019-20

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2021-22 & Assessment Year: 2019-20 & Assessment Year: 2018-19 Assistant Commissioner Vs Roshni Enterprises Of Income Tax Central 519, The Great Eastern Circle 6(1), Mumbai Gallaria, Sector 04, Bkc, Mumbai Nerul 400706. Room No. 445, 4Th Floor, Kautilya Bhawan, Bkc, Mumbai 400051. Pan: Aasfr6639Q Appellant Respondent Present For: Appellant By : Shri Nishit Gandhi, Advocate Respondent By : Smt. Sanyogita Nagpal, Cit Dr Date Of Hearing : 28.01.2025 Date Of Pronouncement : 25.04.2025 O R D E R Per Girish Agrawal: These Three Appeals Filed By The Revenue Are Against The Orders Of Ld. Cit(A)-54, Mumbai Vide Order Nos. Itba/Apl/S/250/2024- 25/1065343505(1), Itba/Apl/S/250/2024-25/1065343031(1) & Itba/Apl/S/250/2024-25/1065342652(1), Dated 03.06.2024, Passed Against The Assessment Orders By Dcit, Central Circle 6(1), Mumbai, U/S. 143(3) R.W.S.147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 27.02.2024 For Assessment Year 2021-22, Dated M/S. Roshni Enterprises Ays 2021-22, 2019-20 & 2018-19 28.02.2024 For Assessment Year 2019-20 & Dated 31.03.2023 For Assessment Year 2018-19. 2. Grounds Taken By The Revenue Are Reproduced As Under:

For Appellant: Shri Nishit Gandhi, AdvocateFor Respondent: Smt. Sanyogita Nagpal, CIT DR
Section 143(3)Section 69

relates to both, receipts as well as expenses and have been duly explained in the course of search as well as in the post-search assessment proceedings. There is nothing brought on record to establish that expenses incurred by the assessee were prohibited by law or amounted to offence. Explanations

ACIT CC 6(1), Mumbai, Bkc vs. Roshni Enterprises, Mumbai

In the result, all the three appeals by the revenue are dismissed

ITA 4470/MUM/2024[2021-22]Status: DisposedITAT Mumbai25 Apr 2025AY 2021-22

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2021-22 & Assessment Year: 2019-20 & Assessment Year: 2018-19 Assistant Commissioner Vs Roshni Enterprises Of Income Tax Central 519, The Great Eastern Circle 6(1), Mumbai Gallaria, Sector 04, Bkc, Mumbai Nerul 400706. Room No. 445, 4Th Floor, Kautilya Bhawan, Bkc, Mumbai 400051. Pan: Aasfr6639Q Appellant Respondent Present For: Appellant By : Shri Nishit Gandhi, Advocate Respondent By : Smt. Sanyogita Nagpal, Cit Dr Date Of Hearing : 28.01.2025 Date Of Pronouncement : 25.04.2025 O R D E R Per Girish Agrawal: These Three Appeals Filed By The Revenue Are Against The Orders Of Ld. Cit(A)-54, Mumbai Vide Order Nos. Itba/Apl/S/250/2024- 25/1065343505(1), Itba/Apl/S/250/2024-25/1065343031(1) & Itba/Apl/S/250/2024-25/1065342652(1), Dated 03.06.2024, Passed Against The Assessment Orders By Dcit, Central Circle 6(1), Mumbai, U/S. 143(3) R.W.S.147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 27.02.2024 For Assessment Year 2021-22, Dated M/S. Roshni Enterprises Ays 2021-22, 2019-20 & 2018-19 28.02.2024 For Assessment Year 2019-20 & Dated 31.03.2023 For Assessment Year 2018-19. 2. Grounds Taken By The Revenue Are Reproduced As Under:

For Appellant: Shri Nishit Gandhi, AdvocateFor Respondent: Smt. Sanyogita Nagpal, CIT DR
Section 143(3)Section 69

relates to both, receipts as well as expenses and have been duly explained in the course of search as well as in the post-search assessment proceedings. There is nothing brought on record to establish that expenses incurred by the assessee were prohibited by law or amounted to offence. Explanations

Amsri Infra Projects Private Limited, Secunderabad vs. Dy. Commissioner of Income Tax, Central Circle-1(2), Hyderabad

In the result, assessee’s appeals are allowed and Revenue’s appeals are dismissed

ITA 932/HYD/2018[2009-10]Status: DisposedITAT Hyderabad24 Apr 2025AY 2009-10

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.Appeal In Ita No. Appellant Respondent A.Y 929/Hyd/2018 Amsri Builders (P) Dy.Cit 2009-10 Ltd Hyderabad Central Circle 1(2) Pan: Aaeca2834R Hyderabad - 932/Hyd/2018 Amsri Infra Projects Do - 2009-10 (P) Ltd, Secunderabad Pan:Aagca0788A 1104/Hyd/2018 Jcit (Osd) Central Amsri Builders (P) Ltd, 2009-10 Circle 1(2) Hyderabad Hyderabad Pan: Aaeca2834R 1107/Hyd/2018 -Do- Amsri Infra Projects (P) 2009-10 Ltd, Secunderabad Pan:Aagca0788A (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.C. Devdas, Ca राज" व "ारा/Revenue By:: Shri L.V Bhaskar Reddy, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 28/01/2025 घोषणा की तारीख/Pronouncement: 24/04/2025 आदेश/Order Per Vijay Pal Raothese Two Sets Of Cross Appeals(4 Appeals) Filed By Two Assessees As Well As The Revenue Are Directed Against The 2 Separate Orders Dated 12/10/2018 & 5/1/2018 Respectively Of The Learned Cit (A)-11 Hyderabad, For The A.Y.2009-10. Page 1 Of 22

For Appellant: Shri K.C. Devdas, CAFor Respondent: : Shri L.V Bhaskar Reddy, CIT(DR)
Section 153CSection 2(47)(v)Section 37(1)

initiate proceedings under Section 153C. 59. It would be pertinent to recall that Section 153C essentially seeks to merge ongoing assessments with a search assessment which may be triggered by the discovery of material obtained in a search and which was the statutory procedure which prevailed in terms

Amsri Builders Private Limited, Secundrabad vs. Dy. Commissioner of Income Tax, Circle-1(2), Hyderabad

In the result, assessee’s appeals are allowed and Revenue’s appeals are dismissed

ITA 929/HYD/2018[2009-10]Status: DisposedITAT Hyderabad24 Apr 2025AY 2009-10

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.Appeal In Ita No. Appellant Respondent A.Y 929/Hyd/2018 Amsri Builders (P) Dy.Cit 2009-10 Ltd Hyderabad Central Circle 1(2) Pan: Aaeca2834R Hyderabad - 932/Hyd/2018 Amsri Infra Projects Do - 2009-10 (P) Ltd, Secunderabad Pan:Aagca0788A 1104/Hyd/2018 Jcit (Osd) Central Amsri Builders (P) Ltd, 2009-10 Circle 1(2) Hyderabad Hyderabad Pan: Aaeca2834R 1107/Hyd/2018 -Do- Amsri Infra Projects (P) 2009-10 Ltd, Secunderabad Pan:Aagca0788A (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.C. Devdas, Ca राज" व "ारा/Revenue By:: Shri L.V Bhaskar Reddy, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 28/01/2025 घोषणा की तारीख/Pronouncement: 24/04/2025 आदेश/Order Per Vijay Pal Raothese Two Sets Of Cross Appeals(4 Appeals) Filed By Two Assessees As Well As The Revenue Are Directed Against The 2 Separate Orders Dated 12/10/2018 & 5/1/2018 Respectively Of The Learned Cit (A)-11 Hyderabad, For The A.Y.2009-10. Page 1 Of 22

For Appellant: Shri K.C. Devdas, CAFor Respondent: : Shri L.V Bhaskar Reddy, CIT(DR)
Section 153CSection 2(47)(v)Section 37(1)

initiate proceedings under Section 153C. 59. It would be pertinent to recall that Section 153C essentially seeks to merge ongoing assessments with a search assessment which may be triggered by the discovery of material obtained in a search and which was the statutory procedure which prevailed in terms

Jt. Commissioner of Income Tax(OSD), Central Cirlce -1(2), Hyderabad vs. Amsri Infra Projects Private Limited, Secunderabad

In the result, assessee’s appeals are allowed and Revenue’s appeals are dismissed

ITA 1107/HYD/2018[2009-10]Status: DisposedITAT Hyderabad24 Apr 2025AY 2009-10

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.Appeal In Ita No. Appellant Respondent A.Y 929/Hyd/2018 Amsri Builders (P) Dy.Cit 2009-10 Ltd Hyderabad Central Circle 1(2) Pan: Aaeca2834R Hyderabad - 932/Hyd/2018 Amsri Infra Projects Do - 2009-10 (P) Ltd, Secunderabad Pan:Aagca0788A 1104/Hyd/2018 Jcit (Osd) Central Amsri Builders (P) Ltd, 2009-10 Circle 1(2) Hyderabad Hyderabad Pan: Aaeca2834R 1107/Hyd/2018 -Do- Amsri Infra Projects (P) 2009-10 Ltd, Secunderabad Pan:Aagca0788A (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.C. Devdas, Ca राज" व "ारा/Revenue By:: Shri L.V Bhaskar Reddy, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 28/01/2025 घोषणा की तारीख/Pronouncement: 24/04/2025 आदेश/Order Per Vijay Pal Raothese Two Sets Of Cross Appeals(4 Appeals) Filed By Two Assessees As Well As The Revenue Are Directed Against The 2 Separate Orders Dated 12/10/2018 & 5/1/2018 Respectively Of The Learned Cit (A)-11 Hyderabad, For The A.Y.2009-10. Page 1 Of 22

For Appellant: Shri K.C. Devdas, CAFor Respondent: : Shri L.V Bhaskar Reddy, CIT(DR)
Section 153CSection 2(47)(v)Section 37(1)

initiate proceedings under Section 153C. 59. It would be pertinent to recall that Section 153C essentially seeks to merge ongoing assessments with a search assessment which may be triggered by the discovery of material obtained in a search and which was the statutory procedure which prevailed in terms

Jt. Commissioner of Income Tax(OSD), Central Cirlce -1(2), Hyderabad vs. Amsri Builders Private Limited, Secunderabad

In the result, assessee’s appeals are allowed and Revenue’s appeals are dismissed

ITA 1104/HYD/2018[2009-10]Status: DisposedITAT Hyderabad24 Apr 2025AY 2009-10

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.Appeal In Ita No. Appellant Respondent A.Y 929/Hyd/2018 Amsri Builders (P) Dy.Cit 2009-10 Ltd Hyderabad Central Circle 1(2) Pan: Aaeca2834R Hyderabad - 932/Hyd/2018 Amsri Infra Projects Do - 2009-10 (P) Ltd, Secunderabad Pan:Aagca0788A 1104/Hyd/2018 Jcit (Osd) Central Amsri Builders (P) Ltd, 2009-10 Circle 1(2) Hyderabad Hyderabad Pan: Aaeca2834R 1107/Hyd/2018 -Do- Amsri Infra Projects (P) 2009-10 Ltd, Secunderabad Pan:Aagca0788A (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.C. Devdas, Ca राज" व "ारा/Revenue By:: Shri L.V Bhaskar Reddy, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 28/01/2025 घोषणा की तारीख/Pronouncement: 24/04/2025 आदेश/Order Per Vijay Pal Raothese Two Sets Of Cross Appeals(4 Appeals) Filed By Two Assessees As Well As The Revenue Are Directed Against The 2 Separate Orders Dated 12/10/2018 & 5/1/2018 Respectively Of The Learned Cit (A)-11 Hyderabad, For The A.Y.2009-10. Page 1 Of 22

For Appellant: Shri K.C. Devdas, CAFor Respondent: : Shri L.V Bhaskar Reddy, CIT(DR)
Section 153CSection 2(47)(v)Section 37(1)

initiate proceedings under Section 153C. 59. It would be pertinent to recall that Section 153C essentially seeks to merge ongoing assessments with a search assessment which may be triggered by the discovery of material obtained in a search and which was the statutory procedure which prevailed in terms