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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

Cholan Auto Finance, Karur vs. Deputy Commissioner of Income Tax (Central Circle 2), Trichy, Tiruchirappalli

In the result, both the appeal of the Revenue in ITA

ITA 1155/CHNY/2024[2018-19]Status: DisposedITAT Chennai13 Dec 2024AY 2018-19

Bench: Hon’Ble Shri Manu Kumar Giriand Hon’Ble Shri S.R. Raghunathaआयकरअपीलसं./Ita Nos.1155 & 1156/Chny/2024 िनधा"रणवष"/Assessment Year:2018-2019 M/S. Cholan Auto Finance, Vs. The Deputy Commissioner Of Income Tax, 43, Padma Tower, 3Rd Floor, Central Circle 2, Covai Road, Trichy. Karur 639 002. आयकरअपीलसं./Ita Nos.1191 & 1192/Chny/2024 िनधा"रणवष"/Assessment Year:2018-2019 The Assistant Commissioner Of M/S. Cholan Auto Finance, Income Tax, 43, Padma Tower, 3Rd Floor, Vs Central Circle 2, . Covai Road, Trichy. Karur 639 002. [Pan : Aagfc 1043B] (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee By : Shri N.V.Balaji, Advocate Department By : Shri. R. Clement Ramesh Kumar, Irs, Cit. सुनवाईक"तारीख/Date Of Hearing : 23.10.2024 घोषणाक"तारीख/Date Of Pronouncement : 13.12.2024 आदेश /O R D E R Per Bench: These Cross Appeals Are Arising Out Of The Orders Of The Commissioner Of Income Tax (Appeals) – 19, Chennai [Hereinafter

For Appellant: Shri N.V.Balaji, AdvocateFor Respondent: Shri. R. Clement Ramesh Kumar
Section 132Section 143(3)Section 154

assessment in the hands of the assessee. The fact that the assessee did not file any appeal against the orders passed in the earlier search assessments in the hands of 77 firms itself prove that the assessee would not have any such claim. At any rate, when there

ACIT Central Circle, Ghaziabad vs. A1-Dua Food Processing Private Limited, New Delhi

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

ITA 1007/DEL/2023[2017-18]Status: DisposedITAT Delhi06 Dec 2024AY 2017-18

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareekacit, Central Circle, Vs. Al-Dua Food Processing Pvt. Ltd., Ghaziabad. 16, Fire Brigade Lane, Connaught Place, New Delhi – 110 001. (Pan : Aagca0396J) (Appellant) (Respondent) Assessee By : Shri Deepak Singh, Advocate Revenue By : Shri Javed Akhtar, Citdr Date Of Hearing : 25.09.2024 Date Of Order : 06.12.2024 O R D E R Per S. Rifaur Rahman,Am: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-4, Kanpur [Hereinafter Referred To ‘Ld. Cit (A)’] Dated 25.01.2023 For Assessment Year 2017-18. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income Declaring Total Income Of Rs.8,76,98,220/- On 30.11.2017. The Return Was Processed U/S 143(1) Of The Income-Tax Act, 1961 (For Short ‘The Act’). The Case Was Selected For Scrutiny Under Cass & Statutory Notices

For Appellant: Shri Deepak Singh, AdvocateFor Respondent: Shri Javed Akhtar, CITDR
Section 143(1)Section 143(2)Section 145Section 40A(3)

rate of 2.35% in immediately preceding year i.e. AY 2016-17 and the same was also accepted by the ld. AO in the search assessment proceedings However this year i.e in AY 2017-18 NP rate is 1.72% and thus there is fall of 0.63%. The appellant attributes this fall ... shown NP rate of 2.35% in immediately preceding year i.e. A.Y. 2016-17 and the same was also accepted by the AO in the search assessment proceedings. With this observation, he has opined that this year i.e. in A.Y. 2017-18 NP rate is 1.72% and thus there is fall