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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

Ksj Infrastructure Private Limited, Kolkata vs. Deputy Commissioner of Income Tax, Chennai

ITA 1110/CHNY/2023[2010-11]Status: DisposedITAT Chennai06 Mar 2024AY 2010-11

Bench: Shri Manjunatha. G, Hon’Ble & Shri Manomohan Das, Hon’Bleआयकर अपील सं./Ita No.: 1110/Chny/2023 िनधा"रण वष" / Assessment Year: 2010-11 M/S. Ksj Infrastructure The Deputy Commissioner Of Pvt. Ltd., V. Income Tax, 2Nd Floor, Grant Lane, Room Central Circle -1(1), No. 218, Kolkata – 700 012. Chennai – 600 0034. [Pan:Aadcc-5913-E] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. B. Rama Krishnan, Fca & Shri. Shrenik Chordia, Ca ""यथ" क" ओर से/Respondent By : Shri. R. Clement Ramesh Kumar, Cit सुनवाई क" तारीख/Date Of Hearing : 10.01.2024 घोषणा क" तारीख/Date Of Pronouncement : 06.03.2024 आदेश /O R D E R

For Appellant: Shri. B. Rama Krishnan, FCA and Shri. Shrenik Chordia, CAFor Respondent: Shri. R. Clement Ramesh Kumar, CIT
Section 132Section 143(3)Section 153ASection 153B(1)Section 153CSection 234BSection 68

DCIT, Central Circle -1(1), Chennai has recorded satisfaction note for proceedings u/s. 153C of the Act, dated 31.12.2021 and observed that, the seized material found during the course of search in the case of M/s. Jain Metal Rolling Mills and others has information relating to the appellant ... accordingly, invoked the provisions of Section l 53C of the Act. The assessee did not dispute the seizure of the material or that the seized material belongs to the assessee. The AO duly recorded satisfaction note as per law on 31.12.2021 for invoking section 153C. It is not the case

Bharat Laxman Bhiwapurkar, Thane vs. ITO, Ward 1(5), Thane

In the result, the appeal of the assesse is partly allowed

ITA 3413/MUM/2023[2011-12]Status: DisposedITAT Mumbai04 Mar 2024AY 2011-12

Bench: Shri Kuldip Singh & Shri Amarjit Singhbharat Laxman Vs. Ito, Ward 1(5), Bhiwapurkar, 204, Room No. 14, B Wing, Oxford, Regency Heights, 6Th Floor, Ashar It Park, Azad Nagar, Kolshet, Road No. 16Z, Wagle, Thane - 400602 Ind. Estate, Thane-400604 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Abnpb8487A Appellant .. Respondent Appellant By : Subodh Ratnaparkhi Respondent By : S. Arunkumar Date Of Hearing 26.02.2024 Date Of Pronouncement 04.03.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 03.08.2023 For A.Y. 2011-12. The Assessee Has Raised The Following Grounds Before Us: “1. The Hon. Cit (A) Erred In Upholding Re-Opening Of Assessment U/S 147 Of The Income Tax Act 1961, Inspite Of The Fact That There Was No Incriminating Material Pertaining To The Appellant With Regards To Alleged On-Money Paid For Purchase Of Flat From Cosmos Group & Therefore The Re-Opening Was In Absence Of Any Independent & Valid Belief On The Part Of The Id Ao That Any Income Chargeable To Tax Had Escaped Assessment. The Re-Opening Of Assessment U/S 147 Being Bad-In-Law, The Asst. Order Flowing Therefrom, Being The Order U/S 143(3) R.W.S 147 Is Also Invalid & Bad In Law & Hence The Same May Be Quashed 2. The Hon Cit (A) Erred In Upholding The Addition Of Rs. 31,00,000/-, U/S 69 Of The 1.1 Act, 1961, As Unexplained Investment Towards Alleged On- Money Paid Towards Purchase Of Flat No. A-07, 7Th Floor, Twilight, Cosmos Horizon, Ghodbunder Road, Thane (W) To Cosmos Group, Ignoring The Contentions Of The Appellant That There Was No Incriminating

For Appellant: Subodh RatnaparkhiFor Respondent: S. Arunkumar
Section 131Section 132(4)Section 143(1)Section 143(3)Section 147Section 148Section 69

price of the property. In spite of repeated request made by the assessee the assessing officer has also not provided any copy of the seized material to the assessee. Vide letter dated 17.12.2018 the assessee has also brought to the knowledge of the assessing officer that director of Cosmos Group

Suresh Productions, Hyderabad vs. DCIT., Central Circle-1(2), Hyderabad

In the result, appeal of the assessee is dismissed

ITA 641/HYD/2023[2015-16]Status: DisposedITAT Hyderabad29 Feb 2024AY 2015-16

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं / Ita No. 641/Hyd/2023 (निर्धारण वर्ा / Assessment Year: 2015-16) Suresh Productions, Dy. Commissioner Of Hyderabad Income Tax, Vs. [Pan No. Aajfs7306J] Central Circle-1(2), Hyderabad अपीलधर्थी / Appellant प्रत्‍यर्थी / Respondent निर्धाररती द्वधरध/Assessee By: Shri A. Srinivas, Ar रधजस्‍व द्वधरध/Revenue By: Shri Waseem Ur Rehman, Dr सुिवधई की तधरीख/Date Of Hearing: 29/02/2024 घोर्णध की तधरीख/Pronouncement On: 29/02/2024 आदेश / Order Per K. Narasimha Chary, J.M: Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-11, Hyderabad, (“Learned Cit(A)”), In The Case Of Suresh Productions (“The Assessee”) For The Assessment Year 2015-16, Assessee Preferred This Appeal With A Delay Of One Day. Learned Ar Explained That The Delay Is Due To Calculation Error. Heard Learned Dr. Delay Is Condoned.

For Appellant: Shri A. Srinivas, ARFor Respondent: Shri Waseem UR Rehman, DR
Section 153CSection 271Section 271(1)(c)

section 271 of the Act. In our opinion, once it is established that the disclosure of the additional income emanated from out of the seized material, then, explanation 5A of section 271 of the Act comes into play notwithstanding the fact that the assessee offered the additional income