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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

Sujit Agarwal, Hyderabad vs. Dy. Commissioner of Income Tax, Central Circle-2(2), Hyderabad

In the result, the appeal of the assessee in ITA No

ITA 369/HYD/2019[2014-15]Status: DisposedITAT Hyderabad22 Nov 2023AY 2014-15

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarassessment Year: 2014-15 Shri Sujit Agarwal Vs. Dy. C. I. T. Hyderabad Central Circle 2(2) Pan:Aclpa3197P Hyderabad (Appellant) (Respondent) Assessee By: Shri S. Rama Rao, Advocate Revenue By: Shri Ch V Gopinath, Cit(Dr) Date Of Hearing: 09/11/2023 Date Of Pronouncement: 22/11/2023 Order Per R.K. Panda, Vice-This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.01.2019 Of The Learned Cit (A)-12, Hyderabad Relating To A.Y.2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & The Managing Director Of The Company, M/S. Sawaria Pipes Pvt Ltd. He Filed His Original Return Of Income For The Impugned A.Y On 30.12.2014 Declaring Total Income Of Rs.20,13,600/- & Agricultural Income Of Rs.70,200/-. A Search & Seizure Operation U/S 132 Of The I.T. Act Was Conducted In The Case Of The Assessee On 12.01.2016. In Response To Notice U/S 153A Of The Act Issued On 6.9.2016, The Assessee Filed His Return

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Shri CH V Gopinath, CIT(DR)
Section 10(38)Section 132Section 143(2)Section 153ASection 68

Assessing Officer to make Page 8 of 17 ITA No 369 of 2019 Sujit Agarwal the addition on the basis of the seized material alone. He submitted that it is the duty of the Assessing Officer to initiate the proceedings u/s 153A of the Act the moment the search warrant

Tulsiani Infraventures Pvt. Ltd., Allahabad vs. Dc/ACIT, Central Circle, Varanasi

In the result the addition of Rs

ITA 75/VNS/2023[2017-2018]Status: DisposedITAT Varanasi22 Nov 2023AY 2017-2018

Bench: Shri B.R. Baskaran & Shri Amit Shuklatulsiani Infrastructure Vs. Dc/Acit, Private Limited, 37, ‘Central Circle, Varanashi Elgin Road, Civil Lines, Aaykar Bhawan, 3Rd Floor Allahabad- 211001 Maqbool Alam Road, Varanasi - 221002 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadct8858R Appellant .. Respondent [ Appellant By : V.K. Jindal & Ashish Jindal Respondent By : Robin Chaudhary Date Of Hearing 27.09.2023 Date Of Pronouncement 22.11.2023 आदेश / O R D E R Per Amit Shukla: (Jm): The Aforesaid Appeal Has Been Filed By The Assessee Against The Order Dated 24.05.2023, Passed By Cit (Appeals) Lucknow-3 For The Quantum Of Assessment Passed In Sec. 153 R.W.S 143(3) For The Assessment Year 2017-18. 2. In Various Grounds Of Appeal The Assessee Has Challenged The Addition Of Rs.41,64,28,242/- As Against Rs.3,50,15,393/- Surrendered/Offered By The Assessee. It Has Been Stated In The Grounds That The Addition Has Been Made By The Ao By Extrapolating The Figure Of Alleged On-Money Noted In Seized Documents Which Was Rough Detail Of Amount Received/ Receivable From The Buyers For The Booking

For Appellant: V.K. Jindal &For Respondent: Robin Chaudhary
Section 153

incorporated the assessee’s letter wherein revised computation of income was filed on 27.12.2018 in which additional income has been offered based on seized material namely NB-2, NB-3, pages 61- 66 of LT-1. The relevant portion of assessee’s reply is reproduced as under: “Under Instruction from ... recorded rate of booking from the books of assessee or highest rate has been calculated by considering the cash component as found from the seized material in addition to Basic Sale Price (BSP) recorded by assessee in its books of accounts. This rationale finds more logic in view

Deputy Commissioner of Income Tax (Central), Jabalpur vs. M/S. Jabalpur Hospital & Research Center, Jabalpur

In the result, the appeal filed by the revenue is dismissed and the Cross objections filed by the assessee are partly allowed

ITA 19/JAB/2019[2016-17]Status: DisposedITAT Jabalpur20 Nov 2023AY 2016-17

Bench: Shri Om Prakash Kant & Shri Pavan Kumar Gadaledcit, Vs. Jabalpur Hospital & Central Circle, Researchcentre,Pvtltd Ramnath Russel Crossing, Building,Napier Town, Napier Town, Jabalpur-482001, Jabalpur-482001 Madhya Pradesh. Madhya Pradesh Pan/Gir No. : Aabcj1959K Appellant .. Respondent Co.No.04/Jab/2019 (A.Y. 2016-17) (In Ita No.19/Jab/2019) Jabalpur Hospital & Vs. Dcit, Research Centre Pvt Ltd, Central Circle, Russel Crossing, Ramnath Napier Town, Building,Napier Town, Jabalpur-482001. Jabalpur-482001. Madhya Pradesh. Madhya Pradesh. Pan/Gir No. : Aabcj1959K Appellant .. Respondent

For Appellant: Shri Dhiraj Ghai.CA.ARFor Respondent: Shri Saad Kidwai. CIT-DR
Section 142(1)

assessee along with the Director of the Company appeared and submitted the information. The AO has verified the return of income and annexure and seized material marked page 78 LPS-17 recovered from premise of Jabalpur Hospital & Research Centre, the assessee has quoted an amount ... course of search operations. The statement recorded from the assessee was subsequently retracted the rebutted. Furthermore, the statement was not relatable to any seized material. Therefore, even the statement could not be the basis for making any addition When the sale deed disclosed a sale deed is not the correct