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✓ Verified — Income-tax Act 2025, Chapters XXII & XXIV
Income Tax

Search Assessment Under Old Act vs New Act: Notice Triggers, Response Strategy & Penalties for 2026

Search Assessment Under Old Act vs New Act
By CA Nikhil Gupta Updated Jun 2026 Income-tax Act 2025 Enforcement

Reviewed by CA Nikhil Gupta · Last reviewed 26 September 2026

Corrected 26 September 2026: the earlier version cited Sections 281, 440, 445 and 483 for search assessment, penalty and prosecution (they are Sections 292–301, 439, 298 and 478), gave the old 30% / 60% penalty as current law, and measured the 12-month limit from the end of the tax year instead of the end of the quarter of the last authorisation.

An income tax search (commonly called an "IT raid") triggers a special assessment process with tighter timelines, higher penalties, and stricter evidentiary standards than regular assessment. The Income-tax Act 2025 carries the block-assessment code for searches (Sections 292 to 301): the six tax years before the search and the part-year up to the last authorisation are assessed together, and the order must be passed within 12 months from the end of the quarter in which the last authorisation was executed. Understanding what triggers a search, what rights you have, and how the new Act changes the process is essential for anyone who runs a business or holds significant assets.

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Old Act vs New Act — Search Assessment Framework

ParameterOld Act (1961)New Act — Tax Year 2026-27 Onwards
Search authorisationSection 132Section 247
Assessment after a searchSection 153A for searches before 1 September 2024; block assessment (Sections 158BA–158BI) for later searchesBlock assessment of total undisclosed income — Sections 292 to 301
Period assessed (block period)Six years before the search year, plus the period from 1 April of the search year to the last authorisationSix tax years before the tax year of the search, plus the period from 1 April of that tax year to the date the last authorisation was executed (Section 301)
Time limit for the assessment order12 months from the end of the quarter in which the last authorisation was executed (Section 158BE)12 months from the end of the quarter in which the last authorisation was executed or requisition made (Section 296)
Interest and penalty on undisclosed incomeSection 271AAB (30% / 60%) for searches before 1 September 2024; Section 158BFA for later searchesSection 298 — simple interest at 1.5% a month, and a penalty of 50% of the tax on the undisclosed income
Tax on undisclosed incomeSection 115BBESection 195 — 60%, plus surcharge and cess
Penalty for under-reporting or misreporting (ordinary cases)Section 270A (Section 271(1)(c) for older years)Section 439 — 50% of tax on under-reported income; 200% for misreporting
Prosecution for tax evasionSection 276CSection 478
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The 12 months run from the end of the quarter: Under Section 296, the Assessing Officer must pass the block-assessment order within 12 months from the end of the quarter in which the last authorisation for the search was executed (or the requisition made). Track that quarter, not the tax year — a search executed in August 2026 ends the quarter on 30 September 2026, so the order is due by 30 September 2027.

What Triggers a Search Under Income-tax Act 2025

Under Section 247 of the new Act (equivalent to old Section 132), the Director General / Director of Income Tax can authorise a search when there is reason to believe that:

  • A person has concealed income or undisclosed assets not shown in returns
  • Books of accounts, documents, or assets would not be produced if summoned
  • Cash, jewellery, bullion, or valuables have been omitted from returns

High-risk triggers in practice include: cash deposits significantly exceeding income, property registrations not matching ITR, large cash withdrawals, tip-offs from third parties, digital footprint analysis, and mismatch between ITR and Annual Information Statement (AIS).

Your Rights During a Search — What the New Act Preserves

  • Right to verify the search authorisation — confirm it is signed and valid
  • Right to call a CA or legal counsel to be present (they cannot interfere with the search process)
  • Statements recorded under Section 247 are admissible — you have the right to not answer questions that may incriminate you
  • You can apply for provisional release of seized assets against security
  • Books and documents seized must be inventoried — demand copies
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Do NOT Make Hasty Admissions: Statements made during a search are admissible. Under Section 298 the penalty is 50% of the tax on the undisclosed income, and it can be avoided if you file the return, pay the tax and do not appeal that portion — so a precise, documented disclosure matters more than a hurried admission. Consult your CA/legal counsel before making any numerical admission; numbers stated without documentation can create problems later.

Case Study: Search Triggered by AIS Mismatch — How Arun Navigated It

Business Owner, Surat — Cash Deposits vs ITR Mismatch

Arun ran a textile business. His AIS showed cash deposits of ₹1.8 crore in FY2024-25 while his ITR declared income of ₹42 lakh. An IT search was conducted in August 2026. Arun's approach:

  • Did NOT make numerical admissions during the search — requested 48 hours to collate documentation
  • Called his CA within the first 2 hours of search
  • Provided tally backup, ledgers, and GST returns showing business turnover of ₹3.2 crore — the deposits were traceable to trade receipts
  • Undisclosed income found: ₹18 lakh (cash not recorded in books)
  • Disclosed the ₹18L in the block-assessment return → tax at 60% (Section 195) = ₹10.8L, before surcharge, cess and interest
  • Total payout: ₹10.8L tax plus surcharge, cess and interest — no penalty, because he filed the return, paid the tax and did not appeal that portion (Section 298). Without that relief, the 50% penalty (₹5.4L) would have taken the bill to ₹16.2L

Arun's preparation — clean books, GST-verified turnover, immediate CA engagement — meant the search was completed in 3 days with minimal disruption to business.

Penalty Framework Under New Act for Search Cases

SituationOld Act SectionNew Act SectionRate
Tax on undisclosed income found in the search115BBESection 19560%, plus surcharge and cess
Interest on tax if the block-assessment return is not filed in time158BFASection 2981.5% a month, simple interest
Penalty on undisclosed income271AAB (searches before 1 Sept 2024); 158BFA (later)Section 29850% of the tax on the undisclosed income
Relief from that penalty158BFASection 298None on income shown in a return filed under Section 294, with the tax paid and no appeal on that income
Penalty in ordinary (non-search) cases — under-reporting270ASection 43950% of tax on the under-reported income
Penalty in ordinary cases — misreporting270ASection 439200% of tax on the under-reported income

After the Search — Assessment Timeline Under New Act

  1. Search concludes — ITIO prepares inventory and seizes documents/assets
  2. Notice under Section 294 issued — a return of the undisclosed income for the block period is to be filed
  3. Assessee files the block-period return including disclosures, and pays the tax
  4. Order passed within 12 months from the end of the quarter in which the last authorisation was executed (Section 296)
  5. Demand raised — option to appeal to CIT(A) then ITAT under new Act's appeal provisions

Search Assessment — Key Actions If You Receive a Notice

  • Immediately engage a CA experienced in search/survey matters
  • Verify the authorisation document — check officer name, designation, and your name/address
  • Do not make numerical admissions without documentation to support
  • Facilitate the search — obstruction is a criminal offence
  • Keep a detailed record of all seized documents and assets (demand inventory)
  • If disclosing undisclosed income, do so precisely with documentation, file the return and pay the tax — that avoids the 50% penalty (Section 298)
  • The order must be passed within 12 months from the end of the quarter of the last authorisation — track that date
  • Pre-search: reconcile AIS vs ITR annually; maintain clean books with GST-verified transactions

Frequently Asked Questions

Under the Income-tax Act 2025, the block period covers the six tax years preceding the tax year in which the search was initiated, plus the period from 1 April of that tax year to the date the last authorisation was executed (Section 301). For a search in Tax Year 2026-27 (April 2026 to March 2027), that means Tax Years 2020-21 to 2025-26 and the part of 2026-27 up to the last authorisation. The order must be passed within 12 months from the end of the quarter in which the last authorisation was executed (Section 296).
Under Section 298 of the Income-tax Act 2025, the penalty is 50% of the tax on the undisclosed income, and interest runs at 1.5% a month if the block-assessment return is not filed in time. The penalty is not levied on income you show in the return filed under Section 294, on which you pay the tax and do not appeal. The undisclosed income itself is taxed at 60% under Section 195, plus surcharge and cess — so the burden on unaccounted income is heavy even without penalty. (The old 30% / 60% rates of Section 271AAB applied to searches before 1 September 2024.)
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