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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

DCIT, Central Circle-2(3), Chennai vs. M/S Bsr Builders Engineers & Contractors, Chennai

In the result, both the appeals filed by the Revenue in ITA

ITA 734/CHNY/2023[2015-16]Status: DisposedITAT Chennai27 Mar 2024AY 2015-16

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.:732, 733 & 734/Chny/2023 िनधा"रण वष" /Assessment Years: 2013-14, 2014-15 & 2015-16 & C.O Nos.34, 35 & 36/Chny/2023 [In I.T.A. Nos.732, 733 & 734/Chny/2023] The Dcit, M/S. Bsr Builders Central Circle 2(3), Vs. Engineers & Contractors, Chennai. No.28, Tank Bund Road, Nungambakkam, Chennai – 600 034. Pan: Aagfb 7140N (अपीलाथ"/Appellant) (Respondent / Cross Objector) राज" की ओर से /Revenue By : Shri V. Nandakumar, Cit िनधा"रती की ओर से/Assessee By : Shri G. Baskar & Shri P.M. Kathir, Advocates सुनवाई क" तारीख/Date Of Hearing : 05.02.2024 घोषणा क" तारीख/Date Of Pronouncement : 27.03.2024

For Appellant: Shri G. Baskar & Shri P.M. KathirFor Respondent: Shri V. Nandakumar, CIT
Section 132Section 143(3)Section 153Section 153ASection 153CSection 250(2)

framing the orders of assessment u/s.153A of the Act in the case of the appellant. The AO could have taken cognizance of the said seized materials only by invoking the provisions section 153C of the Act after recording his satisfaction based on the said seized material. This jurisdictional pre- condition ... recording the satisfaction for taking action u/s 153C cannot be side-stepped / brushed aside and additions in respect of such seized material cannot be made in the proceedings u/s 153A & C.O Nos.34 to 36/CHNY/2023 of the Act, as the scope of assessments framed under sections 153A and 153C

DCIT, Central Circle-2(3), Chennai vs. M/S Bsr Builders Engineers & Contractors, Chennai

In the result, both the appeals filed by the Revenue in ITA

ITA 733/CHNY/2023[2014-15]Status: DisposedITAT Chennai27 Mar 2024AY 2014-15

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.:732, 733 & 734/Chny/2023 िनधा"रण वष" /Assessment Years: 2013-14, 2014-15 & 2015-16 & C.O Nos.34, 35 & 36/Chny/2023 [In I.T.A. Nos.732, 733 & 734/Chny/2023] The Dcit, M/S. Bsr Builders Central Circle 2(3), Vs. Engineers & Contractors, Chennai. No.28, Tank Bund Road, Nungambakkam, Chennai – 600 034. Pan: Aagfb 7140N (अपीलाथ"/Appellant) (Respondent / Cross Objector) राज" की ओर से /Revenue By : Shri V. Nandakumar, Cit िनधा"रती की ओर से/Assessee By : Shri G. Baskar & Shri P.M. Kathir, Advocates सुनवाई क" तारीख/Date Of Hearing : 05.02.2024 घोषणा क" तारीख/Date Of Pronouncement : 27.03.2024

For Appellant: Shri G. Baskar & Shri P.M. KathirFor Respondent: Shri V. Nandakumar, CIT
Section 132Section 143(3)Section 153Section 153ASection 153CSection 250(2)

framing the orders of assessment u/s.153A of the Act in the case of the appellant. The AO could have taken cognizance of the said seized materials only by invoking the provisions section 153C of the Act after recording his satisfaction based on the said seized material. This jurisdictional pre- condition ... recording the satisfaction for taking action u/s 153C cannot be side-stepped / brushed aside and additions in respect of such seized material cannot be made in the proceedings u/s 153A & C.O Nos.34 to 36/CHNY/2023 of the Act, as the scope of assessments framed under sections 153A and 153C

DCIT, Central Circle-2(3), Chennai vs. M/S Bsr Builders Engineers & Contractors, Chennai

In the result, both the appeals filed by the Revenue in ITA

ITA 732/CHNY/2023[2013-14]Status: DisposedITAT Chennai27 Mar 2024AY 2013-14

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.:732, 733 & 734/Chny/2023 िनधा"रण वष" /Assessment Years: 2013-14, 2014-15 & 2015-16 & C.O Nos.34, 35 & 36/Chny/2023 [In I.T.A. Nos.732, 733 & 734/Chny/2023] The Dcit, M/S. Bsr Builders Central Circle 2(3), Vs. Engineers & Contractors, Chennai. No.28, Tank Bund Road, Nungambakkam, Chennai – 600 034. Pan: Aagfb 7140N (अपीलाथ"/Appellant) (Respondent / Cross Objector) राज" की ओर से /Revenue By : Shri V. Nandakumar, Cit िनधा"रती की ओर से/Assessee By : Shri G. Baskar & Shri P.M. Kathir, Advocates सुनवाई क" तारीख/Date Of Hearing : 05.02.2024 घोषणा क" तारीख/Date Of Pronouncement : 27.03.2024

For Appellant: Shri G. Baskar & Shri P.M. KathirFor Respondent: Shri V. Nandakumar, CIT
Section 132Section 143(3)Section 153Section 153ASection 153CSection 250(2)

framing the orders of assessment u/s.153A of the Act in the case of the appellant. The AO could have taken cognizance of the said seized materials only by invoking the provisions section 153C of the Act after recording his satisfaction based on the said seized material. This jurisdictional pre- condition ... recording the satisfaction for taking action u/s 153C cannot be side-stepped / brushed aside and additions in respect of such seized material cannot be made in the proceedings u/s 153A & C.O Nos.34 to 36/CHNY/2023 of the Act, as the scope of assessments framed under sections 153A and 153C

Mr. Abdul Khader Kodi, Kasargod, Karnataka vs. Mr. C. Vijay Jayan, Deputy Commissioner of Income Tax, Mangaluru

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 638/BANG/2023[2018-2019]Status: DisposedITAT Bangalore22 Mar 2024AY 2018-2019

Bench: Shri Chandra Poojari & Smt. Beena Pillaiita Nos.636 To 638/Bang/2023 Assessment Years: 2016-17 To 2018-19 Mr. Abdul Khader Kodi Darul Huda, Near Salafi Masjid Kunjathur Via Dcit Manjeshwar Central Circle-2 Vs. Kasargod 671 323 Mangaluru Karnataka Pan No : Alhpk5340F Appellant Respondent Appellant By : Shri Ravishankar S.V., A.R. Respondent By : Shri G. Manoj Kumar, D.R. Date Of Hearing : 01.02.2024 Date Of Pronouncement : 22.03.2024 O R D E R Per Chandra Poojari: These Appeals By Assessee Are Directed By Different Orders Of Nfac For The Assessment Years 2016-17 To 2018-19 Having Common Date Dated 23.5.2022. 2. The Grounds Raised By The Assessee In All These Appeals Are Common In Nature, Except Change In Figures. We Consider Grounds In Ita No.636/Bang/2023, Which Reads As Follows: 1. The Learned Cit(A)-2, Panaji Erred In Passing The Order In The Manner He Did. 2. The Ld. Cit(A)-2, Panaji Erred In Upholding The Additions Made By The Assessing Officer Amounting To Rs.6,25,000 As Undisclosed Business Income & Rs.1,99,40,000 As Unexplained Investments Under Section 68 Of The Income Tax Act, 1961, Which Was Purely On Assumptions & Presumptions Based On The Loose Sheet Found At The Time Of Search.

For Appellant: Shri Ravishankar S.V., A.RFor Respondent: Shri G. Manoj Kumar, D.R
Section 132Section 144Section 153ASection 34Section 68Section 69Section 69B

documents. They cannot be relied upon to frame the assessment orders. The observation of AO would mean that the AO has acknowledged that the seized material as non-speaking documents. He relied on the decision of the Hon'ble Supreme Court in Common Cause (A Registered Society ... section 292C of the Act is of no assistance to the revenue and no adverse presumption can be drawn on the basis of seized materials. Further, it was submitted that issue may be at best remitted to the file of ld. AO as he has not given any opportunity