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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

Deputy Commissioner of Income Tax (Central Circle)-1(4), Ahmedabad vs. Deep Infraprojects LLP, Ahmedabad

In the result, the appeal filed by the Revenue is dismissed

ITA 1561/AHD/2024[2021-22]Status: DisposedITAT Ahmedabad29 Jan 2025AY 2021-22

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 1561/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2021-22) Deputy Commissioner Of Vs. Deep Infraprojects Llp 10Th Floorhouse, Income Tax Central Circle-1(4), Nr. Ambawadi Circle, Ahmedabad Ambawadi, Ahmedabad- 380006 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaqfd3530J (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Vartik Choksi, Shri Dhrunal Bhatt & Shri Gulab Thakor, A.Rs. ""यथ" क" ओर से/Respondent By : Shri Arvind Kumar, Cit. Dr 22/01/2025 Date Of Hearing Date Of Pronouncement 29/01/2025 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals)- 11, Ahmedabad (In Short ‘The Cit(A)’), Dated 05.07.2024 For The Assessment Year 2021-22. 2. The Brief Facts Of The Case Are That The Assessee Had Purchased A Land Situated At Ambli Road, Ahmedabad During The Year For A Consideration Of Rs.75 Crore, As Per The Executed Sale Deed. In The Course Of Search Conducted At The Residential Premises Of One Shri Divyang Vyas, Certain Documents Were Found, As Per Which It Transpired That Certain On-Money Was Paid In The Purchase Transaction Of This Land. In The Course Of

For Appellant: Shri Vartik Choksi, Shri DhrunalFor Respondent: Shri Arvind Kumar, CIT. DR
Section 69B

course of ITA No. 1561/Ahd/2024 [DCIT vs. Deep Infraprojects LLP] A.Y. 2021-22 - 2 – assessment proceeding, the assessee was confronted with the documents seized from the premises of the 3rd party. The assessee had disputed the veracity of the entries in the seized documents and contended that Shri Divyang Vyas ... 1561/Ahd/2024 [DCIT vs. Deep Infraprojects LLP] A.Y. 2021-22 - 4 – made on the basis of the entries as appearing in the documents seized from the premises of Shri Divyang Vyas. According to Ld. AR, the land was purchased by the assessee at a rate five times of jantri value