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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

Skylark Hatcheries Private Limited, Urlana Kalan, Israna, Panipat vs. DCIT, Central Circle, Karnal

In the result, appeal of the Assessee is allowed

ITA 2546/DEL/2023[2018-19]Status: DisposedITAT Delhi04 Jun 2025AY 2018-19

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalskylark Hatcheries Pvt. Ltd. Vs Dcit Urlana Kalan, Israna, Central Circle, Karnal Panipat, Haryana Haryana Pan: Aahcs9027M Appellant Respondent Assessee By Sh. Ved Jain, Advocate & Ms. Uma Upadhyay, Ca Revenue By Sh. Mahesh Kumar, Cit(Dr) Date Of Hearing 28/05/2025 Date Of Pronouncement 04/06/2025 Order Per Yogesh Kumar, U.S. Jm: The Present Appeal Is Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals)-3 Gurgaon [‘Ld. Cit(A)’ For Short] Dated 07/07/2023 For The Assessment Year 2018-19. 2. Brief Facts Of The Case Are That, The Assessment Proceedings Have Been Initiated Against The Assessee Pursuant To A Search & Seizure

Section 132Section 143(3)Section 153D

Chandigarh and the JCIT 8ITA No. 2546/Del/2023 Skylark Hatcheries Pvt. Ltd. has to examine all the material including the assessment folders, appraisal report and seized material before granting the approval which cannot be humanly possible in a single day. Though it was stated by the AO and the JCIT ... expected from the approving authority that before according the approval at least he must have read the entire draft order and also refer the seized material based on which additions are proposed. The JCIT has given approval on the same day despite of the fact that the entire records were