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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

Ankit Agarwal, Hyderabad vs. DCIT., Central Circle 3(3), Hyderabad

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

ITA 304/HYD/2025[2018-2019]Status: HeardITAT Hyderabad14 Jul 2025AY 2018-2019

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं / Ita Nos.301 To 303/Hyd/2025 (निर्धारण वर्ष/Assessment Years:2018-19 To 2020-21) Kiran Devi Agarwal, Hyderabad. Pan:Adopa7925R Dy. Commissioner Of Income Tax, Vs. Central Circle-3(3), Hyderabad. (Appellant) (Respondent) आ.अपी.सं / Ita Nos.304 To 306/Hyd/2025 (निर्धारण वर्ष/Assessment Years:2018-19 To 2020-21) Ankit Agarwal, Hyderabad. Pan:Bnlpa0543D Vs. Dy. Commissioner Of Income Tax, Central Circle-3(3), Hyderabad. (Appellant) (Respondent) निर्धारिती द्वारा / Assessees By: Shri Sharad Chandra Toshniwal, C.A. राजस्व द्वारा / Revenue By: Shri Gurpreet Singh, Sr-Dr सुनवाई की तारीख /Date Of Hearing: 09/07/2025 घोषणा की तारीख / Pronouncement: 14/07/2025 आदेश/Order Per Bench : These Appeals Are Filed By The Captioned Assessees, Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad (“Ld. Cit(A)") For The A.Ys.2018-19 To 2020-21 Respectively. These Six Appeals Of The Assessees Involve Identical Issues Arising Out Of Similar Facts & Are Therefore Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience & Consistency. 2. At The Outset, It Is Observed That There Is A Delay Of 14 Days In Some Appeals & 15 Days In Others. The Assessee Has Filed Condonation Petitions Along With Affidavits, Explaining The Reasons For Such Delay. After Going Through The Condonation Petitions & The Material On Record & Considering The Submissions Of The Learned Authorised Representative (“Ld. Ar") & The Learned Departmental Representative (“Ld. Dr”), In The Interest Of Substantial Justice, We Condone The Delay In Filing All The Appeals & Admit Them For Adjudication On Merits.

For Respondent: Shri Gurpreet Singh, SR-DR
Section 132(4)Section 153C

they can file any explanation in that regard. Nothing has prevented the assessee and Sri Ashok Kumar Agarwal to offer the comments on the seized material and on the issue of suppression of sales. As the assessee has not given any explanation in this regard till date, other than stating

Kiran Devi Agarwal, Hyderabad vs. DCIT., Central Circle 3(3), Hyderabad

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

ITA 303/HYD/2025[2020-2021]Status: HeardITAT Hyderabad14 Jul 2025AY 2020-2021

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं / Ita Nos.301 To 303/Hyd/2025 (निर्धारण वर्ष/Assessment Years:2018-19 To 2020-21) Kiran Devi Agarwal, Hyderabad. Pan:Adopa7925R (Appellant) Vs. Dy. Commissioner Of Income Tax, Central Circle-3(3), Hyderabad. (Respondent) आ.अपी.सं / Ita Nos.304 To 306/Hyd/2025 (निर्धारण वर्ष/Assessment Years:2018-19 To 2020-21) Ankit Agarwal, Hyderabad. Pan:Bnlpa0543D (Appellant) Vs. Dy. Commissioner Of Income Tax, Central Circle-3(3), Hyderabad. (Respondent) निर्धारिती द्वारा / Assessees By: Shri Sharad Chandra Toshniwal, C.A. राजस्व द्वारा / Revenue By: Shri Gurpreet Singh, Sr-Dr सुनवाई की तारीख /Date Of Hearing: 09/07/2025 घोषणा की तारीख / Pronouncement: 14/07/2025 आदेश/Order Per Bench : These Appeals Are Filed By The Captioned Assessees, Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad (“Ld. Cit(A)") For The A.Ys.2018-19 To 2020-21 Respectively. These Six Appeals Of The Assessees Involve Identical Issues Arising Out Of Similar Facts & Are Therefore Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience & Consistency. 2. At The Outset, It Is Observed That There Is A Delay Of 14 Days In Some Appeals & 15 Days In Others. The Assessee Has Filed Condonation Petitions Along With Affidavits, Explaining The Reasons For Such Delay. After Going Through The Condonation Petitions & The Material On Record & Considering The Submissions Of The Learned Authorised Representative (“Ld. Ar") & The Learned Departmental Representative (“Ld. Dr"), In The Interest Of Substantial Justice, We Condone The Delay In Filing All The Appeals & Admit Them For Adjudication On Merits.

For Respondent: Shri Gurpreet Singh, SR-DR
Section 132(4)Section 153C

they can file any explanation in that regard. Nothing has prevented the assessee and Sri Ashok Kumar Agarwal to offer the comments on the seized material and on the issue of suppression of sales. As the assessee has not given any explanation in this regard till date, other than stating

Kiran Devi Agarwal, Hyderabad vs. DCIT., Central Circle 3(3), Hyderabad

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

ITA 302/HYD/2025[2019-2020]Status: HeardITAT Hyderabad14 Jul 2025AY 2019-2020

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं / Ita Nos.301 To 303/Hyd/2025 (निर्धारण वर्ष/Assessment Years:2018-19 To 2020-21) Kiran Devi Agarwal, Hyderabad. Pan:Adopa7925R Dy. Commissioner Of Income Tax, Vs. Central Circle-3(3), Hyderabad. (Appellant) (Respondent) आ.अपी.सं / Ita Nos.304 To 306/Hyd/2025 (निर्धारण वर्ष/Assessment Years:2018-19 To 2020-21) Ankit Agarwal, Hyderabad. Pan:Bnlpa0543D Vs. Dy. Commissioner Of Income Tax, Central Circle-3(3), Hyderabad. (Appellant) (Respondent) निर्धारिती द्वारा / Assessees By: Shri Sharad Chandra Toshniwal, C.A. राजस्व द्वारा / Revenue By: Shri Gurpreet Singh, Sr-Dr सुनवाई की तारीख /Date Of Hearing: 09/07/2025 घोषणा की तारीख / Pronouncement: 14/07/2025 आदेश/Order Per Bench : These Appeals Are Filed By The Captioned Assessees, Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad (“Ld. Cit(A)") For The A.Ys.2018-19 To 2020-21 Respectively. These Six Appeals Of The Assessees Involve Identical Issues Arising Out Of Similar Facts & Are Therefore Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience & Consistency. 2. At The Outset, It Is Observed That There Is A Delay Of 14 Days In Some Appeals & 15 Days In Others. The Assessee Has Filed Condonation Petitions Along With Affidavits, Explaining The Reasons For Such Delay. After Going Through The Condonation Petitions & The Material On Record & Considering The Submissions Of The Learned Authorised Representative (“Ld. Ar") & The Learned Departmental Representative (“Ld. Dr"), In The Interest Of Substantial Justice, We Condone The Delay In Filing All The Appeals & Admit Them For Adjudication On Merits.

For Respondent: Shri Gurpreet Singh, SR-DR
Section 132(4)Section 153C

they can file any explanation in that regard. Nothing has prevented the assessee and Sri Ashok Kumar Agarwal to offer the comments on the seized material and on the issue of suppression of sales. As the assessee has not given any explanation in this regard till date, other than stating

Kiran Devi Agarwal, Hyderabad vs. DCIT., Central Circle-3(3), Hyderabad

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

ITA 301/HYD/2025[2018-2019]Status: HeardITAT Hyderabad14 Jul 2025AY 2018-2019

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं / Ita Nos.301 To 303/Hyd/2025 (निर्धारण वर्ष/Assessment Years:2018-19 To 2020-21) Kiran Devi Agarwal, Hyderabad. Pan:Adopa7925R (Appellant) Vs. Dy. Commissioner Of Income Tax, Central Circle-3(3), Hyderabad. (Respondent) आ.अपी.सं / Ita Nos.304 To 306/Hyd/2025 (निर्धारण वर्ष/Assessment Years:2018-19 To 2020-21) Ankit Agarwal, Hyderabad. Pan:Bnlpa0543D (Appellant) Vs. Dy. Commissioner Of Income Tax, Central Circle-3(3), Hyderabad. (Respondent) निर्धारिती द्वारा / Assessees By: Shri Sharad Chandra Toshniwal, C.A. राजस्व द्वारा / Revenue By: Shri Gurpreet Singh, Sr-Dr सुनवाई की तारीख /Date Of Hearing: 09/07/2025 घोषणा की तारीख / Pronouncement: 14/07/2025 आदेश/Order Per Bench : These Appeals Are Filed By The Captioned Assessees, Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad (“Ld. Cit(A)") For The A.Ys.2018-19 To 2020-21 Respectively. These Six Appeals Of The Assessees Involve Identical Issues Arising Out Of Similar Facts & Are Therefore Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience & Consistency. 2. At The Outset, It Is Observed That There Is A Delay Of 14 Days In Some Appeals & 15 Days In Others. The Assessee Has Filed Condonation Petitions Along With Affidavits, Explaining The Reasons For Such Delay. After Going Through The Condonation Petitions & The Material On Record & Considering The Submissions Of The Learned Authorised Representative (“Ld. Ar") & The Learned Departmental Representative (“Ld. Dr"), In The Interest Of Substantial Justice, We Condone The Delay In Filing All The Appeals & Admit Them For Adjudication On Merits.

For Respondent: Shri Gurpreet Singh, SR-DR
Section 132(4)Section 153C

they can file any explanation in that regard. Nothing has prevented the assessee and Sri Ashok Kumar Agarwal to offer the comments on the seized material and on the issue of suppression of sales. As the assessee has not given any explanation in this regard till date, other than stating