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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, Numgambakkam vs. Jsr Infra Developers Private Limited, Vellore

In the result, the appeal filed by the Revenue is dismissed

ITA 2253/CHNY/2024[2016-17]Status: DisposedITAT Chennai19 Dec 2024AY 2016-17

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.2253/Chny/2024 िनधा"रण वष"/Assessment Year: 2016-17 The Deputy Commissioner Of Vs. Jsr Infra Developers Private Income Tax, Limited, No. 4, 10A, East Central Circle 2(4), Cross Road, Gandhi Nagar, Chennai. Vellore 632 006, Tamil Nadu. [Pan:Aadcj4440P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Nilay Baran Som, Cit ""थ" की ओर से/Respondent By : Shri R. Venkata Raman, C.A. सुनवाई की तारीख/ Date Of Hearing : 28.11.2024 घोषणा की तारीख /Date Of Pronouncement : 19.12.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 11.07.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), Chennai-19, Chennai For The Assessment Year 2016-17. 2. The Appellant-Revenue Raised 7 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration Is To Whether The Ld. Cit(A) Justified In Cancelling The Penalty Imposed Under Section 271(1)(C) Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri Nilay Baran Som, CITFor Respondent: Shri R. Venkata Raman, C.A
Section 132Section 132(4)Section 143(2)Section 153CSection 271(1)Section 271(1)(c)Section 274Section 80I

years. He argued that the Assessing Officer correctly initiated penalty proceedings for under-reporting of the income. He further submits that the introduction of search assessment was to bring out the unaccounted income and not to facilitate an assessee. Sections 153C and 153A of the Act were inserted to bring

ACIT, Central Circle- 30, New Delhi vs. Rajnil Sales Pvt. Ltd., New Delhi

ITA 4050/DEL/2017[2012-13]Status: DisposedITAT Delhi18 Dec 2024AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2012-13 Acit, Vs Rajnil Sales Pvt. Ltd., Room No.91, 4Th Floor, Central Circle-30, New Delhi. 2B Grant Lane, Kolkata, West Bengal. Pan: Aabcr3491C (Appellant) (Respondent) Assessee By : Shri Ajay Wadhwa, Advocate & Ms Ragini Handa, Advocate Revenue By : Shri Pitambar Das, Cit-Dr Date Of Hearing : 25.11.2024 Date Of Pronouncement : 18.12.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Revenue Against The Order Dated 31.03.2017 Of The Commissioner Of Income Tax (Appeals)-30, New Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.320/15-16/2297 Arising Out Of The Appeal Before It Against The Order Dated 31.03.2015 Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Acit, Central Circle-30, New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Ajay Wadhwa, Advocate &For Respondent: Shri Pitambar Das, CIT-DR
Section 127Section 143(2)Section 143(3)Section 68

after the centralization of search cases and, therefore, search provisions are applicable and there is no requirement under specific provision in the Act that search assessment is to be completed after issue of notice u/s 143(2) of the Act. 11.1 We are not in agreement with the application ... case of issuance of any notice u/s 153A or 153C of the Act, the claim that the case of assessee is outcome of search assessment is not sustainable. At the same time, the case of the Assessing Officer is that the notice was duly issued and served