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“panchnama”

Search & SeizureSection 132Section 1321,050 judgments

The decision most relied on for panchnama is 3. CIT v. ASHOK KUMAR SONI (262 ITR 633), cited in 101 judgments on BharatTax.

Leading authorities on panchnama

3. CIT v. ASHOK KUMAR SONI
262 ITR 633 · 2003 · High Court
101
citing judgments

This case is cited for the proposition that oral admissions made during the course of a search can be considered as evidence.

B Kishore Kumar v. DCIT
229 Taxmann 614 · 2015 · High Court
100
citing judgments

A retracted statement made during a search under section 132(4) carries no weight and is rejected, especially when the genuineness of purchases is disproved.

Pr. CIT v. Ram Avtar Verma
395 ITR 252 · 2017 · High Court
95
citing judgments

Additions to income made in search assessments, particularly under Sections 153A or 153C, are not justified if no incriminating material is recovered during the search operation itself.

VLS Finance Ltd. v. CIT (Del)
289 ITR 286 · 2007 · High Court
72
citing judgments

The last panchnama prepared in respect of the last authorization is relevant for computing the limitation period for search assessments.

552 (SC) Zaveri Diamonds v. CIT 11-12 3
118 Taxmann.com 166 · 2020 · High Court
62
citing judgments

The court considers the evidentiary value of unaudited books and loose papers when assessing income, particularly concerning trade creditors and their verification.

Mumbai), ACIT v. Katrina Rosemary Turcotte
83 Taxmann.com 6 · 2017 · ITAT
58
citing judgments

Evidence is critically important to corroborate entries found in seized material, especially when they indicate payments or loan/interest transactions. Specific reference to the actual transfer of money from a third party to the named recipient is required.

Jindal Stainless Ltd. v. ACIT, CC-6
120 ITD 301 · 2009 · ITAT
30
citing judgments

Assessments framed under section 153A are invalid if a valid search warrant under section 132 was not issued in the name of the assessee. Such assessments are void-ab-initio.

Anil Minda v. CIT
148 Taxmann.com 407 · 2023 · Supreme Court
22
citing judgments

The limitation period for completing a search and seizure assessment must be calculated from the date of the final panchanama, which signifies the conclusion of the search proceedings. Multiple visits or temporary suspensions during search operations do not extend this period.

Judgments citing panchnama

Polisetty Somasundaram, Guntur vs. Deputy Commissioner of Income Tax, Central Circle-1, Guntur

In the result, appeal of the assessee for the AY 2020-21 is allowed

ITA 175/VIZ/2023[2015-16]Status: DisposedITAT Visakhapatnam18 Aug 2023AY 2015-16

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.172 To 180/Viz/2023 ("नधा"रणवष"/ Assessment Year : 2012-13 To 2020-21) M/S. Polisetty Somasundaram, Vs. The Deputy Commissioner Of D.No. 8-24-31, Main Road, Income Tax, Mangalagiri Road, Central Circle-1, Guntur – 522001. Guntur. Pan: Aacfp 7251 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ"क"ओरसे/ Appellant By : Sri M.V. Prasad, Ar ""याथ"क"ओरसे/ Respondent By : Sri Mn Murthy Naik, Cit-Dr

For Appellant: Sri M.V. Prasad, ARFor Respondent: Sri MN Murthy Naik, CIT-DR
Section 127Section 132Section 139Section 142(1)Section 143(2)Section 143(3)Section 153ASection 153B

wooden almirah by passing the order U/s. 132(3) of the Act. Subsequently, the Prohibitory Order was lifted on 6/8/2020 by drawing another Panchnama on 6/8/2020 which revealed that the proceedings were closed without seizure of any documents, including the loose sheets placed in wooden almirah. The Ld. AR therefore ... pleaded before the Ld. CIT(A) that since no seizure was made on 6/8/2020, it is not a valid Panchnama and accordingly the limitation period for passing of the assessment order commences from the date of the original Panchnama dated 31/1/2020. In support of his argument, the Ld. AR relied

Polisetty Somasundaram, Guntur vs. Deputy Commissioner of Income Tax, Central Circle-1, Guntur

In the result, appeal of the assessee for the AY 2020-21 is allowed

ITA 174/VIZ/2023[2014-15]Status: DisposedITAT Visakhapatnam18 Aug 2023AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.172 To 180/Viz/2023 ("नधा"रणवष"/ Assessment Year : 2012-13 To 2020-21) M/S. Polisetty Somasundaram, Vs. The Deputy Commissioner Of D.No. 8-24-31, Main Road, Income Tax, Mangalagiri Road, Central Circle-1, Guntur – 522001. Guntur. Pan: Aacfp 7251 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ"क"ओरसे/ Appellant By : Sri M.V. Prasad, Ar ""याथ"क"ओरसे/ Respondent By : Sri Mn Murthy Naik, Cit-Dr

For Appellant: Sri M.V. Prasad, ARFor Respondent: Sri MN Murthy Naik, CIT-DR
Section 127Section 132Section 139Section 142(1)Section 143(2)Section 143(3)Section 153ASection 153B

wooden almirah by passing the order U/s. 132(3) of the Act. Subsequently, the Prohibitory Order was lifted on 6/8/2020 by drawing another Panchnama on 6/8/2020 which revealed that the proceedings were closed without seizure of any documents, including the loose sheets placed in wooden almirah. The Ld. AR therefore ... pleaded before the Ld. CIT(A) that since no seizure was made on 6/8/2020, it is not a valid Panchnama and accordingly the limitation period for passing of the assessment order commences from the date of the original Panchnama dated 31/1/2020. In support of his argument, the Ld. AR relied

Polisetty Somasundaram, Guntur vs. Deputy Commissioner of Income Tax, Central Circle-1, Guntur

In the result, appeal of the assessee for the AY 2020-21 is allowed

ITA 173/VIZ/2023[2013-14]Status: DisposedITAT Visakhapatnam18 Aug 2023AY 2013-14

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.172 To 180/Viz/2023 ("नधा"रणवष"/ Assessment Year : 2012-13 To 2020-21) M/S. Polisetty Somasundaram, Vs. The Deputy Commissioner Of D.No. 8-24-31, Main Road, Income Tax, Mangalagiri Road, Central Circle-1, Guntur – 522001. Guntur. Pan: Aacfp 7251 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ"क"ओरसे/ Appellant By : Sri M.V. Prasad, Ar ""याथ"क"ओरसे/ Respondent By : Sri Mn Murthy Naik, Cit-Dr

For Appellant: Sri M.V. Prasad, ARFor Respondent: Sri MN Murthy Naik, CIT-DR
Section 127Section 132Section 139Section 142(1)Section 143(2)Section 143(3)Section 153ASection 153B

wooden almirah by passing the order U/s. 132(3) of the Act. Subsequently, the Prohibitory Order was lifted on 6/8/2020 by drawing another Panchnama on 6/8/2020 which revealed that the proceedings were closed without seizure of any documents, including the loose sheets placed in wooden almirah. The Ld. AR therefore ... pleaded before the Ld. CIT(A) that since no seizure was made on 6/8/2020, it is not a valid Panchnama and accordingly the limitation period for passing of the assessment order commences from the date of the original Panchnama dated 31/1/2020. In support of his argument, the Ld. AR relied

Polisetty Somasundaram, Guntur vs. Deputy Commissioner of Income Tax, Central Circle-1, Guntur

In the result, appeal of the assessee for the AY 2020-21 is allowed

ITA 172/VIZ/2023[2012-13]Status: DisposedITAT Visakhapatnam18 Aug 2023AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.172 To 180/Viz/2023 ("नधा"रणवष"/ Assessment Year : 2012-13 To 2020-21) M/S. Polisetty Somasundaram, Vs. The Deputy Commissioner Of D.No. 8-24-31, Main Road, Income Tax, Mangalagiri Road, Central Circle-1, Guntur – 522001. Guntur. Pan: Aacfp 7251 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ"क"ओरसे/ Appellant By : Sri M.V. Prasad, Ar ""याथ"क"ओरसे/ Respondent By : Sri Mn Murthy Naik, Cit-Dr

For Appellant: Sri M.V. Prasad, ARFor Respondent: Sri MN Murthy Naik, CIT-DR
Section 127Section 132Section 139Section 142(1)Section 143(2)Section 143(3)Section 153ASection 153B

wooden almirah by passing the order U/s. 132(3) of the Act. Subsequently, the Prohibitory Order was lifted on 6/8/2020 by drawing another Panchnama on 6/8/2020 which revealed that the proceedings were closed without seizure of any documents, including the loose sheets placed in wooden almirah. The Ld. AR therefore ... pleaded before the Ld. CIT(A) that since no seizure was made on 6/8/2020, it is not a valid Panchnama and accordingly the limitation period for passing of the assessment order commences from the date of the original Panchnama dated 31/1/2020. In support of his argument, the Ld. AR relied