← All Phrases

“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

Dy CIT CC 4(3), Mumbai vs. Shri. Rajesh Omprakash Agrawal, Thane

In the result ground number 1

ITA 1284/MUM/2020[2015-16]Status: DisposedITAT Mumbai01 May 2023AY 2015-16

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Dcit(Cc)4(3) Rajesh Omprakash Agrawal R No. 1921, 19Th Floor, Air 16 Sai Shyam Chhaya Kopar India Bldg, Nariman Point, Road, Dombivali West, Vs. Thane-421202 Mumbai-400 021 (Appellant) (Respondent) Dcit(Cc)4(3) Rajesh Omprakash Agrawal R No. 1921, 19Th Floor, Air 16 Sai Shyam Chhaya Kopar India Bldg, Nariman Point, Road, Dombivali West, Vs. Thane-421202 Mumbai-400 021 (Appellant) (Respondent) Pan No. Adypa5448F Assessee By : Shri. Ajay Daga, Ashok Bansal Revenue By : Ms Ridhi Mishra (Cit Dr) Date Of Hearing: 02.02.2023 Date Of Pronouncement : 01.05.2023

For Appellant: Shri. Ajay Daga, Ashok BansalFor Respondent: Ms Ridhi Mishra (CIT DR)
Section 10Section 132Section 133ASection 142Section 143Section 153ASection 153C

bank locker in the name of Father of the assessee was found and seized. The said bank locker was opened and as per panchnama dated 6/8/2014 nothing was found from the same. It was the contention that as the search warrant as per authorization dated 12/6/2014 as per panchnama dated ... issue of notice under section 153A of the income tax act by the learned assessing officer to the assessee is invalid, we found that panchnama dated 13/6/2014 issued in the name of Mr Kishen Rugnath Prasad Khadaria at the residential premises of the assessee at 16, Sai Satyam, Kopar Road