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“seized material”

Search & SeizureSection 153ASection 153A12,214 judgments

The decision most relied on for seized material is Pr. CIT v. Abhisar Buildwell (P.) Ltd. (149 Taxmann.com 399), cited in 2,379 judgments on BharatTax.

Leading authorities on seized material

Pr. CIT v. Abhisar Buildwell (P.) Ltd.
149 Taxmann.com 399 · 2023 · Supreme Court
2,379
citing judgments

No income can be quantified or disallowance made under Section 153A of the Income-tax Act unless it is justified on the basis of material seized during the course of the search.

CIT v. Calcutta Knitwears
362 ITR 673 · 2014 · Supreme Court
528
citing judgments

For initiating proceedings under Section 153C, the Assessing Officer of the searched person must record a satisfaction that seized material pertains to a third party, and the Assessing Officer of that third party must also record satisfaction that the material has a nexus to undisclosed income.

ACIT v. Serajuddin & Co.
163 Taxmann.com 118 · 2024 · Supreme Court
500
citing judgments

Strict adherence to approval protocols under Section 153D, including those in the Departmental Manual of Office Procedure, is essential for search assessments. An assessment is invalid if the approving authority fails to apply its mind or consider all relevant seized material before granting approval.

CIT v. Murli Agro Products Ltd.
49 Taxmann.com 172 · 2014 · High Court
331
citing judgments

In assessments under Section 153A, additions for unabated assessment years are permissible only if based on seized or incriminating material discovered during the search.

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.

CIT v. Ashwani Gupta
322 ITR 396 · 2010 · High Court
262
citing judgments

Proceedings become fatal if principles of natural justice are violated, such as when seized material is not provided to the assessee or cross-examination of a person whose statement the Assessing Officer relies upon is denied.

CIT v. Jasjit Singh
155 Taxmann.com 155 · 2023 · Supreme Court
235
citing judgments

For assessments under Section 153C concerning a non-searched person, the relevant date for calculating the block of assessment years is the date on which the jurisdictional Assessing Officer of that person assumes possession of the seized material, not the date of the original search. This date determines the look-back period for reopening assessments under Section 153A read with 153C.

Saksham Commodities Ltd. v. Income Tax Officer
161 Taxmann.com 485 · 2024 · High Court
196
citing judgments

Recording satisfaction under Section 153C for initiating proceedings against a third person is not a mechanical exercise; it requires a finding that seized material has a direct bearing on the third person's income, and improper satisfaction vitiates the assessment. Abatement under the second proviso to Section 153A is an inevitable consequence of a search, irrespective of the Assessing Officer's opinion on the material's impact.

Judgments citing seized material

Vijetha Donthiri, Hyderabad vs. ACIT., Central Circle-2(4), Hyderabad

In the result, the appeal of the assessee is allowed

ITA 1355/HYD/2024[2019-20]Status: DisposedITAT Hyderabad20 Aug 2025AY 2019-20

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1355/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2019-20) Vijetha Donthiri, Asst. Commissioner Of Income Vs. Hyderabad. Tax, Central Circle 2(4), Pan:Alqpd4873P Hyderabad. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri M.V. Prasad, C.A. रधजस् व द्वधरध/Revenue By: Shri Gurpreet Singh, Sr-Dr सुिवधई की तधरीख/ 05/08/2025 Date Of Hearing: घोर्णध की तधरीख/ 20/08/2025 Pronouncement: आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Vijetha Donthiri (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”), Dated 29.11.2024 For The A.Y. 2019-20. 2. The Assessee Has Raised The Following Grounds Of Appeal :

For Appellant: Shri M.V. Prasad, C.AFor Respondent: Shri Gurpreet Singh, SR-DR
Section 132Section 143(3)Section 153Section 153C

admitted by taking sale consideration of Rs.40,50,000/- only instead of Rs.1.30 Crores. Accordingly, the Ld. AO formed a satisfaction based on the seized material (Annexure A/DVR/Res/33, page nos. 9 to 18 of the paper book) and the said statement of the husband of ITA No.1355/Hyd/2024 4 assessee, that ... found during the course of search which belongs to the assessee or pertains to the sale transaction in question. It was contended that the seized material relied upon by the Ld. AO only demonstrates the cash payment made by the assessee for purchase of two plots and does not establish

Deputy Commissioner of Income Tax, Chennai vs. Sujai Anand Reddy, Chennai

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

ITA 617/CHNY/2025[2019-20]Status: DisposedITAT Chennai19 Aug 2025AY 2019-20

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.617/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 The Deputy Commissioner Of Vs. Sujai Anand Reddy, No. 4, 10Th Street, Nandanam, Income Tax, Central Circle 2(3), Chennai 600 035. Chennai. [Pan: Aakps5124P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. E. Pavuna Sundari, Cit ""थ" की ओर से/Respondent By : Shri K. Mohan Das, Ca सुनवाई की तारीख/ Date Of Hearing : 08.07.2025 घोषणा की तारीख /Date Of Pronouncement : 19.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 11.12.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals) – 19, Chennai, For The Assessment Year 2019-20. 2. The Appellant-Revenue Raised 6 Grounds Of Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Deleting The Addition Made By The Assessing Officer In The Facts & Circumstances Of The Case.

For Appellant: Ms. E. Pavuna Sundari, CITFor Respondent: Shri K. Mohan Das, CA
Section 132Section 142(1)Section 143(3)Section 153ASection 69

assessee was represented by his authorized representative before the Assessing Officer and filed replies on various dates. On an examination of the seized material, the Assessing Officer found various incriminating documents in the form of loose sheets and electronic devices at the respective premises of the assessee. The Assessing Officer ... Shri Kirthivasan on the ground that the Assessing Officer failed to produce corroborative evidence to link the assessee to the entries, without appreciating the seized material contained the entries referring to the assessee, which was further corroborated by sworn statement of the said Shri Kirthivasan, who is Director