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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

Pradyumna Agros Private Limited, Hyderabad vs. ACIT., Central Circle-2(4), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 1033/HYD/2024[2020-21]Status: DisposedITAT Hyderabad10 Jan 2025AY 2020-21

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1033/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2020-21) Pradyumna Agro Private Vs. Acit Limited Central Circle-2(4) Hyderabad Hyderabad [Pan : Aajcp4282H] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri M.V.Prasad & Shri K.S.Rajendra Kumar, Ar Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 09/12/2024 घोर्णध की तधरीख/Date Of 10/01/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.09.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)]-12, Hyderabad, Pertaining To A.Y.2020-21 On The Following Grounds : 1. The Order Of The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad Is Erroneous & Opposed To The Facts Of The Case & Law.

For Appellant: Shri M.V.Prasad &
Section 132Section 153CSection 153C(1)Section 69

assume jurisdiction u/s 153C is invalid in law as it is completely silent regarding the reasons to co- relate the contents of the seized material with instant assessment year so as to arrive at the satisfaction that the said seized material has a bearing on the determination of total income ... relevant to A.Y.2020-21 contrary to his own observation regarding absence of any mention of the exact dates of the said cash payments in the seized material and despite the contradiction regarding the relevant assessment year between the sworn statement dated 27.04.2021 and the subsequent affidavit of Sri M.S.N.Reddy