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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

DCIT Central Circle-20, Delhi vs. Bhagwati Developers Pvt. Ltd., Kolkata

The appeals of the Revenue are dismissed and the appeal of the assessee stands allowed

ITA 1255/DEL/2022[2016-17]Status: DisposedITAT Delhi07 Dec 2023AY 2016-17

Bench: Dr. Brr Kumar & Shri Anubhav Sharmaassessment Year: 2016-17 Peerless Consultancy Services Vs Acit, Pvt. Ltd., Kolkata, Central Circle-16, C/O Rc Rai & Associates, New Delhi. 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year: 2016-17 Acit, Peerless Consultancy Services Central Circle-16, Pvt. Ltd., Kolkata, New Delhi. C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year : 2016-17 Acit, Gajanand Development Ltd. Central Circle-16, Kolkata, New Delhi C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aabcg0151G

For Appellant: Shri R.C. Rai, Advocate &For Respondent: Shri Waseem Arshad, CIT, DR
Section 132Section 153ASection 271ASection 69A

making an addition of Rs.2,55,00,000/- in the four entities including the appellant. Basic issue for consideration is whether in case of search assessment addition can be made on estimate basis or ad hoc basis. The AO has not given any proper rationale for such estimation whereas ... Pages 30, 31 CIT(A) - as regards documents pages 11, 12 of annexure PCS - 24, Basic issue for consideration is whether in case of search assessment addition can be made on AD-HOC basis or estimate basis. The A.O. has not given any proper rationale for such estimation whereas

ACIT Central Circle-16, New Delhi vs. Vijaya Finance Corporation Ltd, Kolkata

The appeals of the Revenue are dismissed and the appeal of the assessee stands allowed

ITA 9869/DEL/2019[2016-17]Status: DisposedITAT Delhi07 Dec 2023AY 2016-17

Bench: Dr. Brr Kumar & Shri Anubhav Sharmaassessment Year: 2016-17 Peerless Consultancy Services Vs Acit, Pvt. Ltd., Kolkata, Central Circle-16, C/O Rc Rai & Associates, New Delhi. 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year: 2016-17 Acit, Peerless Consultancy Services Central Circle-16, Pvt. Ltd., Kolkata, New Delhi. C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year : 2016-17 Acit, Gajanand Development Ltd. Central Circle-16, Kolkata, New Delhi C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aabcg0151G

For Appellant: Shri R.C. Rai, Advocate &For Respondent: Shri Waseem Arshad, CIT, DR
Section 132Section 153ASection 271ASection 69A

making an addition of Rs.2,55,00,000/- in the four entities including the appellant. Basic issue for consideration is whether in case of search assessment addition can be made on estimate basis or ad hoc basis. The AO has not given any proper rationale for such estimation whereas ... Pages 30, 31 CIT(A) - as regards documents pages 11, 12 of annexure PCS - 24, Basic issue for consideration is whether in case of search assessment addition can be made on AD-HOC basis or estimate basis. The A.O. has not given any proper rationale for such estimation whereas

ACIT Central Circle-16, New Delhi vs. The Peerless Consultancy Services Pvt Ltd, Kolkata

The appeals of the Revenue are dismissed and the appeal of the assessee stands allowed

ITA 9867/DEL/2019[2016-17]Status: DisposedITAT Delhi07 Dec 2023AY 2016-17

Bench: Dr. Brr Kumar & Shri Anubhav Sharmaassessment Year: 2016-17 Peerless Consultancy Services Vs Acit, Pvt. Ltd., Kolkata, Central Circle-16, C/O Rc Rai & Associates, New Delhi. 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year: 2016-17 Acit, Peerless Consultancy Services Central Circle-16, Pvt. Ltd., Kolkata, New Delhi. C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year : 2016-17 Acit, Gajanand Development Ltd. Central Circle-16, Kolkata, New Delhi C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aabcg0151G

For Appellant: Shri R.C. Rai, Advocate &For Respondent: Shri Waseem Arshad, CIT, DR
Section 132Section 153ASection 271ASection 69A

making an addition of Rs.2,55,00,000/- in the four entities including the appellant. Basic issue for consideration is whether in case of search assessment addition can be made on estimate basis or ad hoc basis. The AO has not given any proper rationale for such estimation whereas ... Pages 30, 31 CIT(A) - as regards documents pages 11, 12 of annexure PCS - 24, Basic issue for consideration is whether in case of search assessment addition can be made on AD-HOC basis or estimate basis. The A.O. has not given any proper rationale for such estimation whereas

ACIT Central Circle-16, New Delhi vs. Gajanand Development Ltd, Kolkata

The appeals of the Revenue are dismissed and the appeal of the assessee stands allowed

ITA 9866/DEL/2019[2016-17]Status: DisposedITAT Delhi07 Dec 2023AY 2016-17

Bench: Dr. Brr Kumar & Shri Anubhav Sharmaassessment Year: 2016-17 Peerless Consultancy Services Vs Acit, Pvt. Ltd., Kolkata, Central Circle-16, C/O Rc Rai & Associates, New Delhi. 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year: 2016-17 Acit, Peerless Consultancy Services Central Circle-16, Pvt. Ltd., Kolkata, New Delhi. C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year : 2016-17 Acit, Gajanand Development Ltd. Central Circle-16, Kolkata, New Delhi C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aabcg0151G

For Appellant: Shri R.C. Rai, Advocate &For Respondent: Shri Waseem Arshad, CIT, DR
Section 132Section 153ASection 271ASection 69A

making an addition of Rs.2,55,00,000/- in the four entities including the appellant. Basic issue for consideration is whether in case of search assessment addition can be made on estimate basis or ad hoc basis. The AO has not given any proper rationale for such estimation whereas ... Pages 30, 31 CIT(A) - as regards documents pages 11, 12 of annexure PCS - 24, Basic issue for consideration is whether in case of search assessment addition can be made on AD-HOC basis or estimate basis. The A.O. has not given any proper rationale for such estimation whereas

Peerless Consultancy Services Pvt Ltd, New Delhi vs. ACIT Central Circle-16, New Delhi

The appeals of the Revenue are dismissed and the appeal of the assessee stands allowed

ITA 9749/DEL/2019[2016-17]Status: DisposedITAT Delhi07 Dec 2023AY 2016-17

Bench: Dr. Brr Kumar & Shri Anubhav Sharmaassessment Year: 2016-17 Peerless Consultancy Services Vs Acit, Pvt. Ltd., Kolkata, Central Circle-16, C/O Rc Rai & Associates, New Delhi. 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year: 2016-17 Acit, Peerless Consultancy Services Central Circle-16, Pvt. Ltd., Kolkata, New Delhi. C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year : 2016-17 Acit, Gajanand Development Ltd. Central Circle-16, Kolkata, New Delhi C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aabcg0151G

For Appellant: Shri R.C. Rai, Advocate &For Respondent: Shri Waseem Arshad, CIT, DR
Section 132Section 153ASection 271ASection 69A

making an addition of Rs.2,55,00,000/- in the four entities including the appellant. Basic issue for consideration is whether in case of search assessment addition can be made on estimate basis or ad hoc basis. The AO has not given any proper rationale for such estimation whereas ... Pages 30, 31 CIT(A) - as regards documents pages 11, 12 of annexure PCS - 24, Basic issue for consideration is whether in case of search assessment addition can be made on AD-HOC basis or estimate basis. The A.O. has not given any proper rationale for such estimation whereas