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“seized material”

Search & SeizureSection 153ASection 153A12,214 judgments

The decision most relied on for seized material is CIT v. Calcutta Knitwears (362 ITR 673), cited in 528 judgments on BharatTax.

Leading authorities on seized material

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

The recording of a satisfaction note by the Assessing Officer is a jurisdictional prerequisite for assessments under Section 153C, and the six-year limitation period for such assessments is reckoned from the date this satisfaction is recorded.

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.

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.

Mumbai), DCIT v. Vipin Aggarwal
82 ITD 85 · 2002 · ITAT
237
citing judgments

Evidence corroborating entries of payments or loan/interest advancements found in seized material from a third party must specifically show the actual transfer of money from the third party to the recipient to be admissible.

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.

PCIT v. Anuj Bansal
165 Taxmann.com 2 · 2024 · High Court
181
citing judgments

An approval under Section 153D of the Income Tax Act, 1961, is considered mechanical and invalid if granted without application of mind and without perusing relevant assessment records, including seized material. This principle has been affirmed by multiple High Courts and the Supreme Court.

Judgments citing seized material

Syed Gulam Mohiuddin, Hyderabad vs. ITO, International Taxation-1, Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 136/HYD/2023[2017-18]Status: DisposedITAT Hyderabad03 Jun 2024AY 2017-18

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha, G.आ.अपी.सं /Ita No.136/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2017-18) Shri Syed Gulam Vs. Income Tax Officer Mohiuddin (International Taxation)-1 Hyderabad Hyderabad Pan:Decpm0365H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shiva Sewak, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 16/05/2024 घोषणा की तारीख/Pronouncement: 03/06/2024 आदेश/Order Per Manjunatha, G. A.M This Appeal Filed By The Assessee Is Directed Against The Assessment Order Dated 12.01.2023 Of The Learned Assessing Officer (International Taxation-1), Hyderabad, Relating To A.Y.2017-18. 2. The Grounds Raised By The Assessee Read As Under: “1. The Final Assessment Order Passed By The Income Tax Officer (Int Taxn)-1,Hyd (Herein After Referred To As 'Ao) Is Erroneous Both On Facts & In Law To The Extent The Order Is Prejudicial To The Interest Of The Appellant.

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Shiva Sewak, CIT(DR)
Section 147Section 148Section 148(2)Section 151Section 69

huge addition of Rs. 22,00,000/- on the basis of loose sheets those of which have been made based on the culled out seized material which is nothing but an un-authenticated, unsigned, un-reliable. 12. The Ld. A.O ought to have appreciated the fact that rough excel sheets

Deputy Commissioner of Inome Tax, Central Circle-2(1), Hyderabad vs. Nama Seetaiah, Hyderabad

In the result, appeals filed by the assessee for the A

ITA 454/HYD/2021[2011-12]Status: DisposedITAT Hyderabad03 Jun 2024AY 2011-12

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.1523/Hyd/2019 & 393/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2010-11 & 2011-12) Shri Nama Seetaiah Vs. Dy. C. I. T. Hyderabad Central Circle 3(2) Pan:Aaupn8501F Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.454/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2011-12) Dy. C. I. T. Vs. Shri Nama Seetaiah Central Circle 2(1) Hyderabad Hyderabad Pan:Aaupn8501F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 14/05/2024 घोषणा की तारीख/Pronouncement: 03/06/2024 आदेश/Order Per Manjunatha, G. A.M These Cross Appeals Filed By The Assessee, As Well As The Revenue Are Directed Against, The Separate But Identical Orders Of The Learned Cit (A) 12 Hyderabad Even Dated 22.08.2019

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Shakeer Ahmed, DR
Section 132

erred in dismissing the appeal without appreciating the facts of the case. 3(a). The Ld. CIT(A) ought to have appreciated that the seized material in Annexure A/NNR/RES/1 page nos.48 to 57 based on which the addition of Rs.2,50,00,000/- has been made has nothing ... with the appellant. 3(b). The Ld. CIT(A) ought to have appreciated that the impugned seized material does not belong to the appellant. 3(c). The Ld. CIT(A) ought to have appreciated that the impugned five promissory notes have no evidentiary value since they do not contain

Nama Seetaiah, Hyderabad vs. Deputy Commissioner of Income Tax, Central Circle-3(2), Hyderabad

In the result, appeals filed by the assessee for the A

ITA 393/HYD/2021[2011-12]Status: DisposedITAT Hyderabad03 Jun 2024AY 2011-12

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.1523/Hyd/2019 & 393/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2010-11 & 2011-12) Shri Nama Seetaiah Vs. Dy. C. I. T. Hyderabad Central Circle 3(2) Pan:Aaupn8501F Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.454/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2011-12) Dy. C. I. T. Vs. Shri Nama Seetaiah Central Circle 2(1) Hyderabad Hyderabad Pan:Aaupn8501F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 14/05/2024 घोषणा की तारीख/Pronouncement: 03/06/2024 आदेश/Order Per Manjunatha, G. A.M These Cross Appeals Filed By The Assessee, As Well As The Revenue Are Directed Against, The Separate But Identical Orders Of The Learned Cit (A) 12 Hyderabad Even Dated 22.08.2019

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Shakeer Ahmed, DR
Section 132

erred in dismissing the appeal without appreciating the facts of the case. 3(a). The Ld. CIT(A) ought to have appreciated that the seized material in Annexure A/NNR/RES/1 page nos.48 to 57 based on which the addition of Rs.2,50,00,000/- has been made has nothing ... with the appellant. 3(b). The Ld. CIT(A) ought to have appreciated that the impugned seized material does not belong to the appellant. 3(c). The Ld. CIT(A) ought to have appreciated that the impugned five promissory notes have no evidentiary value since they do not contain

Nama Seetaiah, Hyderabad vs. Dy. Commissioner of Income Tax, Central Circle-3, Hyderabad

In the result, appeals filed by the assessee for the A

ITA 1523/HYD/2019[2010-11]Status: DisposedITAT Hyderabad03 Jun 2024AY 2010-11

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.1523/Hyd/2019 & 393/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2010-11 & 2011-12) Shri Nama Seetaiah Vs. Dy. C. I. T. Hyderabad Central Circle 3(2) Pan:Aaupn8501F Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.454/Hyd/2021 (िनधा"रण वष"/Assessment Year: 2011-12) Dy. C. I. T. Vs. Shri Nama Seetaiah Central Circle 2(1) Hyderabad Hyderabad Pan:Aaupn8501F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 14/05/2024 घोषणा की तारीख/Pronouncement: 03/06/2024 आदेश/Order Per Manjunatha, G. A.M These Cross Appeals Filed By The Assessee, As Well As The Revenue Are Directed Against, The Separate But Identical Orders Of The Learned Cit (A) 12 Hyderabad Even Dated 22.08.2019

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Shakeer Ahmed, DR
Section 132

erred in dismissing the appeal without appreciating the facts of the case. 3(a). The Ld. CIT(A) ought to have appreciated that the seized material in Annexure A/NNR/RES/1 page nos.48 to 57 based on which the addition of Rs.2,50,00,000/- has been made has nothing ... with the appellant. 3(b). The Ld. CIT(A) ought to have appreciated that the impugned seized material does not belong to the appellant. 3(c). The Ld. CIT(A) ought to have appreciated that the impugned five promissory notes have no evidentiary value since they do not contain

Deputy Commissioner of Income Tax, Chennai vs. Pearl Printers and Publishers Pvt. Ltd, Chennai

Appeal stand dismissed which make assessee’s cross-objections infructuous

ITA 1043/CHNY/2023[2017-18]Status: DisposedITAT Chennai03 Jun 2024AY 2017-18

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.1043/Chny/2023 (िनधा*रण वष* / Assessment Year: 2017-18) Dcit M/S. Pearl Printers & Publishers (P) Ltd. Central Circle-2(4), बनाम/ Vs. Chennai-34. 8/16, Mogappair West, Chennai-600 058. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcp-7244-H (अपीलाथ"/Appellant) : (" थ" / Respondent) & 2.Cross Objection No.11/Chny/2024 (In Ita No.1043/Chny/2023) (िनधा*रण वष* / Assessment Year: 2017-18) बनाम/ M/S. Pearl Printers & Publishers (P) Ltd. Dcit 8/16, Mogappair West, Vs. Central Circle-2(4), Chennai-600 058. Chennai-34. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcp-7244-H (अपीलाथ"/Cross Objector) : (" थ" / Respondent) अपीलाथ" की ओरसे/ Revenue By : Shri V. Nandakumar (Cit) –Ld. Dr " थ" की ओरसे/ Assessee By : Shri G. Baskar & Shri I. Dinesh (Advocates)- Ld. Ars सुनवाई की तारीख/Date Of Hearing : 07-03-2024 घोषणा की तारीख /Date Of Pronouncement : 03-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1.1 Aforesaid Cross-Appeals For Assessment Year (Ay) 2017-18 Arises Out Of An Order Passed By Learned Commissioner Of Income Tax

For Appellant: Shri G. Baskar & Shri I. DineshFor Respondent: Shri V. Nandakumar (CIT) –Ld. DR
Section 153ASection 153C

during the course of search of the assessee. 1.2 The CIT(A) ought to have held the addition on the base of seized material through a separate search warrant in the case of a third party cannot be utilized in an assessment framed u/s.153A ... course of search. A document would partake the character of incriminating material only when it is established that the transactions narrated in the seized material is undisclosed or unexplained and the income earned out of such transaction had escaped the scope of taxation. However, the impugned addition was not based

Deputy Commissioner of Income Tax, Chennai vs. Pearl Printers and Publishers (P) Ltd, Chennai

In the result, the appeal of the revenue stand dismissed

ITA 1042/CHNY/2023[2015-16]Status: DisposedITAT Chennai03 Jun 2024AY 2015-16

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.1042/Chny/2023 (िनधा*रण वष* / Assessment Year: 2015-16) Dcit M/S. Pearl Printers & Publishers (P) Ltd. Central Circle-2(4), बनाम/ Vs. Chennai-34. 8/16, Mogappair West, Chennai-600 058. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcp-7244-H (अपीलाथ"/Appellant) : (" थ" / Respondent) & 2. Cross Objection No.10/Chny/2024 (In Ita No.1042/Chny/2023) (िनधा*रण वष* / Assessment Year: 2015-16) बनाम/ M/S. Pearl Printers & Publishers (P) Ltd. Dcit 8/16, Mogappair West, Vs. Central Circle-2(4), Chennai-600 058. Chennai-34. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcp-7244-H (अपीलाथ"/Cross Objector) : (" थ" / Respondent) अपीलाथ" की ओरसे/ Revenue By : Shri V.Nandakumar (Cit) –Ld. Dr " थ" की ओरसे/ Assessee By : Shri G. Baskar & Shri I. Dinesh (Advocates)- Ld. Ars सुनवाई की तारीख/Date Of Hearing : 07-03-2024 घोषणा की तारीख /Date Of Pronouncement : 03-06-2024 आदेश / O R D E R

For Appellant: Shri G. Baskar & Shri I. DineshFor Respondent: Shri V.Nandakumar (CIT) –Ld. DR
Section 132Section 132(4)Section 153ASection 153C

provisions of Sec.132(4A) and 292C of the Act. The payment of on-money was also confirmed by the author of seized materials in her sworn statement. 2.4 The Ld.CIT(A) erred in observing that there was no corroborative evidence to substantiate that the on-money transaction mentioned ... during the course of search of the assessee. 1.2 The CIT(A) ought to have held the addition on the base of seized material through a separate search warrant in the case of a third party cannot be utilized in an assessment framed u/s.153A

Millenium Vinimay Pvt. Ltd., Delhi vs. ACIT, CC-28, New Delhi

In the result, appeal of the assessee is allowed

ITA 458/DEL/2022[2015-16]Status: DisposedITAT Delhi31 May 2024AY 2015-16

Bench: Mr. S. Rifaur Rahman & Ms. Madhumita Royi.T.A. No. 458 /Del/2022 (Assessment Year : 2015-16) Millenium Vinimay Pvt. Vs. Acit Ltd., Dpt, 801, Dlf Central Circle – 28 Prime Tower, Plot No.F- New Delhi 79 & 80, Okhla Industrial Area, Phase-1, New Delhi Pan: Aaecm 5383 R (Appellant) .. (Respondent) & I.T.A. No. 827/Del/2022 (Assessment Year : 2015-16) Dcit Vs. Millenium Vinimay Pvt. Ltd., Central Circle -28 164, M.G. Road, Budge, Delhi West Bengal – 700 137 Pan: Aaecm 5383 R (Appellant) .. (Respondent)

For Appellant: Shri Gautam Jain, AdvFor Respondent: Shri Anshul, Sr. D.R
Section 132(4)Section 132ASection 139Section 143(1)Section 153ASection 153CSection 153C(1)Section 153DSection 250(6)

approval is the result of non-application of mind and is subject to certification of the Learned Assessing Officer. In fact the assessment records, seized material and appraisal report must be made available to the Approving Authority and approval must reflect the application of mind to the facts ... forwarded to ITA Nos.458 & 827/Del/2022 Millenium Vinimay Pvt. Ltd. Asst.Year : 2015-16 this office immediately after passing the orders. Proposal -tor retention of seized- material, should also be forwarded to this, office within time as per IT Act, 1961. Before passing the final order, in case, there is requirement