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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

M/S. Kalinga Conduits Electricables (P) Ltd., New Delhi vs. Pr. CIT- 9, New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 3287/DEL/2017[2010-11]Status: DisposedITAT Delhi24 Mar 2021AY 2010-11

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaassessment Year: 2010-11 Kalinga Conduits Electricables (P) Vs Pr. Cit-9, Ltd., New Delhi. 81/41, Punjabi Bagh West, New Delhi. Pan : Aacck5784H (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate; Shri Rajiv Sabharwal, Ca; & Shri Lalit Mohan, Ca. Revenue By : Mrs. Aashna Paul, Cit-Dr Date Of Hearing : 18.02.2021 Date Of Pronouncement : 24.03.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23Rd March, 2017 Passed U/S 263 Of The It Act, 1961 By The Pcit, New Delhi, Relating To The Assessment Year 2010-11. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company & Filed Its Return Of Income On 30Th September, 2010 Declaring An Income Of Rs.5,940/-. The Said Return Was Processed U/S 143(1) Of The Act. Subsequently, The Cit-Ii, New Delhi, Vide His Letter No. File 148/2012-13/2817 Dated 15Th March, 2013, Forwarded The Letter Of Investigation Ii, Delhi, Vide F. No.Dit (Inv.)-Ii/U/S 148/2012-13/197 Dated 12Th March, 2013 Giving Information About An Accommodation Entry Of Rs.40 Lakhs Received By The Assessee From M/S Victory Software Pvt. Ltd., Zenith Automotive Pvt. Ltd. & Humtum Marketing Pvt. Ltd. Based On The Above, The Ao Issued Notice U/S 148 After Recording The Reasons.

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Mrs. Aashna Paul, CIT-DR
Section 143(1)Section 143(2)Section 147Section 148Section 263

pages 38, 19 & 20 of Annexure A-22 and pages 13 & 58 of Annexure A- 16 seized from premises of Jain Brothers along with Panchnama; ii) Copy of statements recorded of Jain Brothers on the date of search; iii) Copy of pages extracted in the notice at page