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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

Assistant Commissioner of Income Tax, Chennai vs. Prakash Ferrous Industries Private Limited, Chennai

In the result, the appeal filed by the Revenue as well as Cross

ITA 693/CHNY/2023[2020]Status: DisposedITAT Chennai20 Dec 2023

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.693/Chny/2023 िनधा"रण वष"/Assessment Year: 2020-21 & C.O. No. 27/Chny/2023 [In I.T.A. No.693/Chny/2023] The Assistant Commissioner Of Vs. M/S. Prakash Ferrous Industries Income Tax, Private Limited, Central Circle 1(1), New No. 36, New Avadi Road, Chennai. Kilpauk, Chennai 600 010. [Pan:Aaecp7094C] (अपीलाथ" /Appellant) (""थ"/Respondent/Cross Objector) Department By : Shri Nilay Baran Som, Cit Assessee By : Shri Shashi Kumar Agarwal, Ca सुनवाई की तारीख/ Date Of Hearing 07.12.2023 : घोषणा की तारीख /Date Of Pronouncement : 20.12.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue & The Cross Objections Filed By The Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Dated 23.03.2023 Relevant To The Assessment Year 2020-21. The Revenue Has Raised Following Grounds: 1. The Order Of The Id. Commissioner Of I. T. (Appeals) Is Erroneous On Facts Of The Case & In Law. 2. The Learned Cit(A) Erred In Deleting The Addition Made U/S. 69A Of The It Act, Towards Unexplained Money, Amounting To Rs. 96,54,335/- , Without

For Appellant: Shri Shashi Kumar Agarwal, CAFor Respondent: Shri Nilay Baran Som, CIT
Section 132Section 142(1)Section 153CSection 69ASection 69C

Kannaiah Naidu Anandh has recorded satisfaction note under section 153C of the Act 3 I.T.A. No. 693/Chny/23 & C.O. No. 27/Chny/23 stating that the seized materials pertain to business transactions relating to the assessee for various years from financial years 2013-14 to 2019- 20. On being satisfied that the seized

DCIT, Chennai vs. M/S New Delta Gear Manufacturers Pvt Ltd, Chennai

In the result, the appeal stands dismissed

ITA 829/CHNY/2022[2013-2014]Status: DisposedITAT Chennai18 Dec 2023AY 2013-2014

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.829/Chny/2022 (िनधा*रण वष* / Assessment Year: 2013-14) Dcit M/S. New Delta Gear Manufacturers Pvt.Ltd. बनाम/ Central Circle-2(3), 2, Palayakaran Street, Ekkattuthangal, Vs. Chennai. Chennai-600 097. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacn-3576-F (अपीलाथ"/Appellant) : (" थ" / Respondent) Assessee By : Shri T. N. Seetharaman (Advocate) -Ld.Ar Revenue By : Shri S. Senthil Kumaran (Cit)- Ld. Dr सुनवाईकीतारीख/Date Of Final Hearing : 01-12-2023 घोषणाकीतारीख /Date Of Pronouncement : 19-12-2023 आदेश / O R D E R

For Appellant: Shri T. N. Seetharaman (Advocate) -Ld.ARFor Respondent: Shri S. Senthil Kumaran (CIT)- Ld. DR
Section 131Section 132(4)Section 143(3)

discussed by Ld. AO were completely absent in the agreement and there was complete inconsistency between the observation made by Ld. AO and the seized material. 4.3 The Ld. AO furnished remand report on 10.05.2022 and inter-alia, submitted that transaction along with amount of cash paid to the extent ... assessee vehemently pressed for deletion of impugned addition. 4.5 Considering assessee’s reply, AO was specifically asked to furnish certified copy of the seized material in the form of loose sheets vide exhibit ANN/KSI/VSI/LS/S containing the impugned sale agreement dated 31.05.2012. The AO, vide letter dated 06.07.2022, furnished the certified