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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

Dy Commissioner of Income Tax, Chennai vs. Amit Kumar Kothari, Chennai

In the result, all the appeals filed by the Revenue for the AY 2019-

ITA 2664/CHNY/2024[2022-23]Status: DisposedITAT Chennai09 Apr 2025AY 2022-23

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.2662, 2663 & 2664/Chny/2024 िनधा"रण वष"/Assessment Years: 2019-20, 2020-21 & 2022-23 The Deputy Commissioner Of Vs. Amit Kumar Kothari, Income Tax, New No. 35 To 41, Old No. 28, Central Circle 2(1), Evk Sampath Salai, Vepery, Chennai. Chennai 600 007. [Pan:Adypa1209N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. R. Anita, Addl. Cit ""थ" की ओर से/Respondent By : Shri R. Venkata Raman, C.A. सुनवाई की तारीख/ Date Of Hearing : 13.03.2025 घोषणा की तारीख /Date Of Pronouncement : 09.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Three Appeals Filed By The Revenue Are Directed Against Separate Orders All Dated 21.08.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals) -19, Chennai For The Assessment Year 2019-20, 2020-21 & 2022-23. 2. Since Issues Raised In These Appeals Are Similar Based On The Same Identical Facts, With The Consent Of Both The Parties, We Proceed To Hear

For Appellant: Ms. R. Anita, Addl. CITFor Respondent: Shri R. Venkata Raman, C.A
Section 142(1)Section 143(2)Section 148Section 69

According to the Assessing Officer, during the course of search proceedings, some note books were found and seized and on an examination of such seized materials, the Assessing Officer found that the finance syndicate in which the assessee, i.e., Shri N.C. Jain, Shri Bharat Kumar Dugar & Shri Arun Kumar Jain ... I.T.A. Nos.2662, 2663 & 2664/Chny/24 towards unaccounted interest income and miscellaneous receipts as quantified from the seized note books. 15. On perusal of the seized materials, the Assessing Officer found that the assessee has received interest and commission from the borrowers at ₹.2,07,84,200/-, besides miscellaneous receipts

Dy. Commissioner of Income Tax, Chennai vs. Amit Kumar Kothari, Chennai

In the result, all the appeals filed by the Revenue for the AY 2019-

ITA 2663/CHNY/2024[2020-21]Status: DisposedITAT Chennai09 Apr 2025AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.2662, 2663 & 2664/Chny/2024 िनधा"रण वष"/Assessment Years: 2019-20, 2020-21 & 2022-23 The Deputy Commissioner Of Vs. Amit Kumar Kothari, Income Tax, New No. 35 To 41, Old No. 28, Central Circle 2(1), Evk Sampath Salai, Vepery, Chennai. Chennai 600 007. [Pan:Adypa1209N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. R. Anita, Addl. Cit ""थ" की ओर से/Respondent By : Shri R. Venkata Raman, C.A. सुनवाई की तारीख/ Date Of Hearing : 13.03.2025 घोषणा की तारीख /Date Of Pronouncement : 09.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Three Appeals Filed By The Revenue Are Directed Against Separate Orders All Dated 21.08.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals) -19, Chennai For The Assessment Year 2019-20, 2020-21 & 2022-23. 2. Since Issues Raised In These Appeals Are Similar Based On The Same Identical Facts, With The Consent Of Both The Parties, We Proceed To Hear

For Appellant: Ms. R. Anita, Addl. CITFor Respondent: Shri R. Venkata Raman, C.A
Section 142(1)Section 143(2)Section 148Section 69

According to the Assessing Officer, during the course of search proceedings, some note books were found and seized and on an examination of such seized materials, the Assessing Officer found that the finance syndicate in which the assessee, i.e., Shri N.C. Jain, Shri Bharat Kumar Dugar & Shri Arun Kumar Jain ... I.T.A. Nos.2662, 2663 & 2664/Chny/24 towards unaccounted interest income and miscellaneous receipts as quantified from the seized note books. 15. On perusal of the seized materials, the Assessing Officer found that the assessee has received interest and commission from the borrowers at ₹.2,07,84,200/-, besides miscellaneous receipts

Dy. Commissioner of Income Tax, Chennai vs. Amit Kumar Kothari, Chennai

In the result, all the appeals filed by the Revenue for the AY 2019-

ITA 2662/CHNY/2024[2019-20]Status: DisposedITAT Chennai09 Apr 2025AY 2019-20

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.2662, 2663 & 2664/Chny/2024 िनधा"रण वष"/Assessment Years: 2019-20, 2020-21 & 2022-23 The Deputy Commissioner Of Vs. Amit Kumar Kothari, Income Tax, New No. 35 To 41, Old No. 28, Central Circle 2(1), Evk Sampath Salai, Vepery, Chennai. Chennai 600 007. [Pan:Adypa1209N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. R. Anita, Addl. Cit ""थ" की ओर से/Respondent By : Shri R. Venkata Raman, C.A. सुनवाई की तारीख/ Date Of Hearing : 13.03.2025 घोषणा की तारीख /Date Of Pronouncement : 09.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Three Appeals Filed By The Revenue Are Directed Against Separate Orders All Dated 21.08.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals) -19, Chennai For The Assessment Year 2019-20, 2020-21 & 2022-23. 2. Since Issues Raised In These Appeals Are Similar Based On The Same Identical Facts, With The Consent Of Both The Parties, We Proceed To Hear

For Appellant: Ms. R. Anita, Addl. CITFor Respondent: Shri R. Venkata Raman, C.A
Section 142(1)Section 143(2)Section 148Section 69

According to the Assessing Officer, during the course of search proceedings, some note books were found and seized and on an examination of such seized materials, the Assessing Officer found that the finance syndicate in which the assessee, i.e., Shri N.C. Jain, Shri Bharat Kumar Dugar & Shri Arun Kumar Jain ... I.T.A. Nos.2662, 2663 & 2664/Chny/24 towards unaccounted interest income and miscellaneous receipts as quantified from the seized note books. 15. On perusal of the seized materials, the Assessing Officer found that the assessee has received interest and commission from the borrowers at ₹.2,07,84,200/-, besides miscellaneous receipts