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“documents seized”

Search & SeizureSection 132Section 1322,593 judgments

The decision most relied on for documents seized is SSP Aviation Ltd. v. Deputy Commissioner of Income Tax (346 ITR 177), cited in 308 judgments on BharatTax.

Leading authorities on documents seized

SSP Aviation Ltd. v. Deputy Commissioner of Income Tax
346 ITR 177 · 2012 · High Court
308
citing judgments

The date of initiation of search or requisition for the purpose of abatement of assessment proceedings is the date of search or requisition, or the date of receipt of seized documents by the jurisdictional Assessing Officer, whichever is later. Proceedings under section 153C can only be initiated by the Assessing Officer of the searched person after being satisfied that seized documents belong to another person.

CIT v. R. Nalini Devi ITTA 232 of 2013 (A. P)
294 ITR 49 · 2007 · Supreme Court
299
citing judgments

Additions to income cannot be made solely based on uncorroborated third-party statements, documents, or loose sheets seized during a search, and such evidence requires the assessee to be provided with an opportunity for cross-examination.

ARN Infrastructure India Ltd. v. Asstt. CIT
394 ITR 569 · 2017 · High Court
282
citing judgments

For initiating proceedings under Section 153C, seized documents must be incriminating and specifically relate to the assessment years for which assessments are reopened. A document relevant only for one year cannot be used to reopen other assessment years without being incriminating for those years.

Pepsico India Holdings (P) Ltd. v. ACIT
370 ITR 295 · 2015 · High Court
249
citing judgments

Section 153C of the Income-tax Act is invoked only when it is established that seized documents do not belong to the searched person, or if the searched person disclaims them; the satisfaction note must specifically indicate this fact.

Manish Maheshwari v. ACIT
289 ITR 341 · 2007 · Supreme Court
237
citing judgments

A block assessment proceeding under section 158BD is illegal if the procedure laid down in section 153C is not followed. The provisions of section 153C are similar to section 158BD in block assessment proceedings.

Pr. CIT v. Index Securities (P.) Ltd.
86 Taxmann.com 84 · 2017 · High Court
184
citing judgments

For a valid reassessment under Section 153C, seized documents must be incriminating and directly relevant to the assessment years being reopened. Documents that are not incriminating or do not relate to the assessment years do not satisfy the jurisdictional requirement.

CIT v. Girish Chaudhary
296 ITR 619 · 2008 · High Court
175
citing judgments

Additions to income cannot be made solely based on "dumb documents" or vague loose papers seized during a search that merely indicate rates without specific corroborative material linking them to the assessee's unaccounted transactions. The presumption under Section 292C may not apply to such documents.

CIT v. Sant Lal
118 Taxmann.com 432 · 2020 · High Court
154
citing judgments

An addition to income cannot be made solely on the basis of entries in a diary seized from a third party if the diary is not found in the assessee's premises, not in the assessee's handwriting, and the revenue fails to provide corroborative evidence linking the assessee to the diary.

Judgments citing documents seized

Sri Goluguri Nagi Reddy, Vijayawada vs. Aasistant Commissioner of Income Tax, Central Circle-1, Rajahmundry

In the result, appeal of the assessee is partly allowed

ITA 140/VIZ/2022[2017-18]Status: DisposedITAT Visakhapatnam28 Feb 2023AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.139/Viz/2022 ("नधा"रणवष"/ Assessment Year :2014-15) Sri Goluguri Nagi Reddy, Vs. Acit, Flat No.5, Shiridi Sai Apartments, Central Circle-1, Balasumudi, Bhimavaram. Rajahmundry. Pan: Abkpg 1138 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) आयकरअपीलसं./ I.T.A. No.140/Viz/2022 ("नधा"रणवष"/ Assessment Year :2017-18) Sri Goluguri Nagi Reddy, Vs. Acit, Flat No.5, Shiridi Sai Apartments, Central Circle-1, Balasumudi, Bhimavaram. Rajahmundry. Pan: Abkpg1138 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ"क"ओरसे/ Assessee By : Sri M.V. Prasad, Ca ""याथ"क"ओरसे/ Revenue By : Sri Mn Murthy Naik, Cit-Dr

For Appellant: Sri M.V. Prasad, CAFor Respondent: Sri MN Murthy Naik, CIT-DR
Section 127(2)(a)Section 132Section 142(1)Section 143(2)Section 143(3)Section 153A

income and assessed it in the hands of the assessee during the AY 2017-18. Further, the Ld. AO also observed that from the documents seized from the residence of the assessee, loans amounting to Rs 4 crores were advanced to different 12 people and interest was received from them

Sri Goluguri Nagi Reddy, Vijayawada vs. Assistant Commissioner of Income Tax, Central Circle-1, Rajahmundry

In the result, appeal of the assessee is partly allowed

ITA 139/VIZ/2022[2041-15]Status: DisposedITAT Visakhapatnam28 Feb 2023AY 2041-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.139/Viz/2022 ("नधा"रणवष"/ Assessment Year :2014-15) Sri Goluguri Nagi Reddy, Vs. Acit, Flat No.5, Shiridi Sai Apartments, Central Circle-1, Balasumudi, Bhimavaram. Rajahmundry. Pan: Abkpg 1138 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) आयकरअपीलसं./ I.T.A. No.140/Viz/2022 ("नधा"रणवष"/ Assessment Year :2017-18) Sri Goluguri Nagi Reddy, Vs. Acit, Flat No.5, Shiridi Sai Apartments, Central Circle-1, Balasumudi, Bhimavaram. Rajahmundry. Pan: Abkpg1138 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ"क"ओरसे/ Assessee By : Sri M.V. Prasad, Ca ""याथ"क"ओरसे/ Revenue By : Sri Mn Murthy Naik, Cit-Dr

For Appellant: Sri M.V. Prasad, CAFor Respondent: Sri MN Murthy Naik, CIT-DR
Section 127(2)(a)Section 132Section 142(1)Section 143(2)Section 143(3)Section 153A

income and assessed it in the hands of the assessee during the AY 2017-18. Further, the Ld. AO also observed that from the documents seized from the residence of the assessee, loans amounting to Rs 4 crores were advanced to different 12 people and interest was received from them

Akansha Jain, Delhi vs. ITO Ward-57(3), New Delhi

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

ITA 8785/DEL/2019[2014-15]Status: DisposedITAT Delhi23 Feb 2023AY 2014-15

Bench: Shri C.M. Garg & Dr. B.R.R. Kumarassessment Year: 2014-15 Akansha Jain, Vs. Ito, C-2/277, Yamuna Vihar, Ward-57(3), Delhi -110 053. New Delhi. Pan: Akkpj6488R (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Advocate & Shri Shailesh Gupta, Advocate Revenue By : Shri Kanav Bali, Sr. Dr Date Of Hearing : 16.02.2023 Date Of Pronouncement : 23.02.2023 Order Per C.M. Garg: This Appeal Filed By The Assessee Is Directed Against The Order Dated 12.07.2019 Of The Cit(A)-37, New Delhi, Relating To Assessment Year 2014-15. 2. The Grounds Of Appeal Taken By The Assessee Read As Under:- “1. The Ld Cit(A) Has Erred In Confirming The Addition Of Rs.85,00,000/- On Account Of Alleged Deemed Income U/S 69B Of The Income Tax Act, 1961. 2 That The Ld. Ao As Well As Ld Cit(A) Had Made The Addition Without Considering The Submissions As Well As Evidences Furnished By The Appellant. 3 That The Ld. Ao & Ld Cit(A) Has Erred In Law As Well As On Facts In Not Providing The Statement As Well As Cross Examination Of Sh Satvir Singh On Which Ld Ao & Ld Cit(A) Has Relied For Making Addition Of Rs. 85,00,000/- On Account Of Alleged Deemed Income U/S 69B Of The Income Tax Act, 1961. 4 That The Ld. Ao & Ld Cit(A) Has Erred In Law As Well As On Facts In Ignoring The Fact That The Circle Rate Of The Land Is Much Lower Than The Purchase Price Amounting Rs.15,00,000/- & Also Ignored The Fact That The Title Of The Land Is Not Clear. 5 The Addition Of Rs. 85,00,000/- Made By The Ld Ao As Well As Ld Cit(A) Is Erroneous & Arbitrary And, Therefore , The Addition Made Is Liable To Be Deleted. 6 That The Appellant Craves To Add, Amend, Alter, Vary And/Or Withdraw Or Rescind All Or Any Of The Ground Of Appeal On Or Before The Final Hearing.“

For Appellant: Shri Salil Agarwal, Advocate &For Respondent: Shri Kanav Bali, Sr. DR
Section 69B

Counsel of the assessee submitted that the AO has proceeded to make addition in the hands of the assessee only on the strength of documents seized and statement recorded during the search operation on Shri Satvir Singh at his residence at A-153, Neb Sarai, New Delhi. The ld. Counsel ... hands of the assessee. The assessee cannot be compelled or expected to produce Shri Satvir Singh to show his innocence until and unless the documents seized and the statement recorded of Shri Satvir Singh is confronted to the assessee. It is a normal principle of tax jurisprudence that the burden

The ACIT-Central Circle-2, Rajkot vs. Shri Vicky Balkrishna Mehta, Rajkot

The appeal of the Revenue is dismissed

ITA 130/RJT/2020[2004-05]Status: DisposedITAT Rajkot22 Feb 2023AY 2004-05

Bench: Mrs. Annapurna Gupta & Shri Siddhartha Nautiyal"नधा"रणवष"/Assessment Year: 2004-05 Assistant Commissioner Of Vs. Shri Vicky Balkrishna Mehta, Income-Tax, 7Th Floor, Mansrovar Central Circle-2, Apartment, Royal Park, Rajkot Kalawad Road, Rajkot Pan : Agqpm 6495 B अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri D.M. Rindani, Ar Revenue By : Shri Shramdeep Sinha, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 28.11.2022 घोषणा क" तार"ख /Date Of Pronouncement: 22.02.2023 आदेश/O R D E R Per Annapurna Gupta: This Appeal Is Preferred By The Revenue Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-13, Ahmedabad (Hereinafter Referred To As “Cit(A)”) Dated 22.01.2020 Passed U/S 250(6) Of The Income-Tax Act, 1961, (Hereinafter Referred To As “The Act”) For Assessment Year (Ay) 2004-05. 2. The Grounds Of Appeal Raised By The Revenue Read As Under:

For Appellant: Shri D.M. Rindani, ARFor Respondent: Shri Shramdeep Sinha, CIT-DR
Section 147Section 148Section 149Section 149(1)(c)Section 149(3)Section 250(6)

addition of Rs.22,57,875/- should not be made to his total income. However, no response was received from the assessee. From various documents seized from assessee Group's premises, A-601, Kailash Tower, Ghatkopar (East), Mumbai various correspondences of the foreign banks addressed to Shri Ravichandra Mehta were found ... income submitted; as per which the interest income earned from the foreign bank account during the impugned year was Rs.22,57,875/-. Since the documents seized during search revealed correspondences of the foreign banks with the grandfather of the assessee Shri Ravichandra V. Mehta, the substantive addition of the interest

M/S. Y.P. Infrastructures Pvt. Ltd., New Delhi vs. ITO, New Delhi

In the result, appeal of the assessee is allowed

ITA 458/DEL/2017[2006-07]Status: DisposedITAT Delhi09 Feb 2023AY 2006-07

Bench: Sh. Anil Chaturvedi & Sh. Narender Kumar Choudhrym/S. Y. P. Infrastructure Vs. Ito Pvt. Ltd., F-213A, 1St Floor, Ward – 27(4) Lado Sarai, New Delhi New Delhi Pan No. Aaacy 2994 P (Appellant) (Respondent) Assessee By Shri Pulkit Saini, Adv. Revenue By Shri T. Kipgen, Cit – D.R. Date Of Hearing: 13.12.2022 Date Of Pronouncement: 09.02.2023 Order Per Anil Chaturvedi, Am : This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.10.2016 Of The Commissioner Of Income Tax (Appeals)-10, New Delhi Relating To Assessment Year 2006-07. 2. Brief Facts Of The Case As Culled Out From The Material On Record Are As Under :-

Section 139(1)Section 143(3)Section 153ASection 153C

conducted on 6th May 2 2010 at the office premises of M/s. KGK Infrastructure & Developers Private Limited and its group companies at Jaipur. The documents seized during the course of the search at the office premises of M/s. KGK Infrastructure & Developers Private Limited contained a copy of an agreement entered ... 28th June 2013 had referred the case of the assessee for initiating the proceedings under section 153C of the Act on the basis of documents seized and information gathered during the course of search/post search proceedings in the case of M/s. KGK Infrastructure & Developers Private Limited. Thereafter, the notice under