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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

Mahesh D.Tekchandani, Ahmedabad vs. The Income Tax Officer, Ward-3(3)(3), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1028/AHD/2023[2012-13]Status: DisposedITAT Ahmedabad29 May 2024AY 2012-13

Bench: Mrs. Annapurna Gupta & Shri Siddhartha Nautiyalिनधा"रण वष"/Assessment Year: 2012-13 Vs. Mahesh Tekchandani, Income-Tax Officer, 67, Shivalik Bungalows, Ward-3(3)(3), Satellite, Ahmedabad-380015 Ahmedabad Pan : Aespt 5350 A अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri S.N. Divatia, Ar Revenue By : Shri Yogesh Mishra, Sr Dr तारीख/Date Of Hearing : 02.05.2024 सुनवाई क" क" तारीख सुनवाई सुनवाई सुनवाई क" क" तारीख तारीख घोषणा क" क" तारीख तारीख /Date Of Pronouncement: 29.05.2024 घोषणा घोषणा घोषणा क" क" तारीख तारीख आदेश/O R D E R आदेश आदेश आदेश Per Siddhartha Nautiyal: This Appeal Has Been Filed By The Assessee Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)" For Short] Dated 20.10.2023, Passed Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2012-13. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1.1 The Order Passed By U/S.250 Passed On 20.10.2023 By Cit(A)-Nfac Delhi Upholding The Addition Of Rs.28,72,000/- Made By A.O. Is Wholly Illegal, Unlawful & Against The Principles Of Natural Justice. 1.2 The Ld. Cit(A) Has Failed To Appreciate That The First Payment By Cheque Was Made On 03.02.2014 & The Final Purchase Deed Was Executed In Fy 2018-19. But No Evidence Pointed Out By Ao To Prove That The Alleged Cash Payment Was Made During The Previous Year Relevant To A.Y. 2012-13. 2 Mahesh D. Tekchandani Vs. Ito Ay : 2012-13

For Appellant: Shri S.N. Divatia, ARFor Respondent: Shri Yogesh Mishra, Sr DR
Section 132Section 143(3)Section 153ASection 153CSection 250

Rs.28,72,000/- in cash towards booking / purchase of unit. The AO was of the view that as per the details available from the seized material i.e. agreement of sale dated 03–12–2011, the name of the seller is JP Iscon Limited and the name of the purchaser ... Mahesh Tekchandani and the names mentioned in the seized material tally with the sale agreement. The Assessing Officer was of the view that the assessee cannot accept only part details as coming from the agreement seized from the search carried out at the ISCON group. The Assessing Officer

The Assistant Commissioner of Income Tax, Central Circle-2, Viskahapatnam vs. Sri Vijaya Visakha Milk Producers Company Limited, Visakhapatnam

In the result, appeals filed by the revenue and the cross objections filed by the assessee are dismissed for the A

ITA 239/VIZ/2020[2012-13]Status: DisposedITAT Visakhapatnam28 May 2024AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.239/Viz/2020 & 237/Viz/2020 (ननधधारण वर्ा/ Assessment Year : 2012-13 &2013-14) Assistant Commissioner Of Vs. M/S Sri Vijaya Visakha Milk Income Tax Producers Company Limited Central Circle-2 Visakha Diary, Bhpv Post Visakhapatnam Nh-5, Nathayyapalem Visakhapatnam [Pan :Aajcs7398P] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Dr.Aparna Villuri, DR
Section 131Section 132Section 143(3)Section 271(1)(c)

produce evidence with regard to claim of expenditure. Thereafter, the Ld.AO concluded that M/s Siridi Sai Agency is a dummy agency. Further, from the seized material, Annexure A/VD/VSP/01, seized in the business premises of M/s Sri Vijaya Visakha Milk Producers Ltd, it was observed that the assessee company supplied milk ... company. He, therefore, concluded that disclosure of additional income on this count cannot be said to be voluntary, as it is based on the seized material. Therefore, the AO proceeded to levy the penalty of Rs.76,02,230/- u/s 271(1)(c) of the Act. 3. Being aggrieved

M/S Ruby Realty Pvt. Ltd, Chennai vs. DCIT, Chennai

The appeal stands partly allowed in terms of our above order

ITA 967/CHNY/2022[2008-2009]Status: DisposedITAT Chennai17 May 2024AY 2008-2009

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.966/Chny/2022 (िनधा"रण वष" / Assessment Year:2007-08) & 2. आयकरअपील सं. / Ita No.967/Chny/2022 (िनधा"रण वष" / Assessment Year:2008-09) M/S. Ruby Realty Private Limited Dcit बनाम/ No. B-908, Radiance Shine Apts, Central Circle-3(4), Vs. Chennai-34. Kazhipattur, Omr, Chennai-600 103. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcr-2832-B (अपीलाथ!/Appellant) : ($%थ! / Respondent)

For Appellant: Shri P. Murali Mohan Rao (CA)-Ld. ARFor Respondent: Smt. Komali Krishna (CIT)- Ld. DR
Section 132Section 153C

Assessee will not confer automatic jurisdiction to the Assessing Officer to issue notice under section 153C. The Assessing Officer should verify the seized material/ information and satisfy himself that the seized material is incriminating and has bearing on the determination of total income of the Assessee for any particular year ... jurisdiction u/s 153C. Mere possession of documents would not confer jurisdiction to AO for issuing notice u/s 153C. The AO should verify the seized material and satisfy himself that the same had bearing on determination of total income of the assessee. Therefore, the assessment was to be quashed, inter-alia

M/S Ruby Realty Pvt. Ltd, Chennai vs. DCIT, Chennai

The appeal stands partly allowed in terms of our above order

ITA 966/CHNY/2022[2007-2008]Status: DisposedITAT Chennai17 May 2024AY 2007-2008

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.966/Chny/2022 (िनधा"रण वष" / Assessment Year:2007-08) & 2. आयकरअपील सं. / Ita No.967/Chny/2022 (िनधा"रण वष" / Assessment Year:2008-09) M/S. Ruby Realty Private Limited Dcit बनाम/ No. B-908, Radiance Shine Apts, Central Circle-3(4), Vs. Chennai-34. Kazhipattur, Omr, Chennai-600 103. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcr-2832-B (अपीलाथ!/Appellant) : ($%थ! / Respondent)

For Appellant: Shri P. Murali Mohan Rao (CA)-Ld. ARFor Respondent: Smt. Komali Krishna (CIT)- Ld. DR
Section 132Section 153C

Assessee will not confer automatic jurisdiction to the Assessing Officer to issue notice under section 153C. The Assessing Officer should verify the seized material/ information and satisfy himself that the seized material is incriminating and has bearing on the determination of total income of the Assessee for any particular year ... jurisdiction u/s 153C. Mere possession of documents would not confer jurisdiction to AO for issuing notice u/s 153C. The AO should verify the seized material and satisfy himself that the same had bearing on determination of total income of the assessee. Therefore, the assessment was to be quashed, inter-alia