← All Phrases

“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, Circle-2, Guwahati vs. M/S. Daulal Sarda and Sons, (HUF), Guwahati

In the result, all the appeals of the revenue are dismissed

ITA 199/GTY/2020[2016-17]Status: DisposedITAT Guwahati07 Nov 2023AY 2016-17

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleita Nos. 195 To 199/Gty/2020 Assessment Year: 2015-16 To 2017-18 Acit, Circle-2, Guwahati Sh. Daulal Sarda 2Nd Floor, Uco Bank Building, Vs. H.B. Road, Fancy Bazar, Guwahati-781 001. Pan: Aikps 1167 L (Appellant) (Respondent) Present For: Appellant By : Shri S.P. Bhati, Fca Respondent By : Shri Chandan Dutta, Dr Date Of Hearing : 10.08.2023 Date Of Pronouncement : 07.11.2023 O R D E R Per Sonjoy Sarma, Jm: The Captioned Appeals Are Filed By The Revenue Challenging The Orders Passed By The Ld. Cit(A) Dated 02.11.2020 For Different Assessment Years. Since The Facts & Issues Are Identical & Similar In Nature. Therefore, The Assessment Year 2015-16 Taken As Lead Case & Result Will Be Followed For The Other Assessment Years. The Main Grievance Of The Revenue Is Against The Action Of The Ld. Cit(A) By Stating That When The Assessee Has Accepted / Admitted In Quantity Of Betel Nuts. The Assessee Has Disputed The Rate Of Betel Nuts. However, The Ld. Cit(A) While Passing The Impugned Order Simply Deleted The Addition By Taking A Plea That No Incriminating Document Has Been Found During The Course Of Search.

For Appellant: Shri S.P. Bhati, FCAFor Respondent: Shri Chandan Dutta, DR
Section 132Section 132(4)Section 133(6)Section 143(1)

other hand, ld. AR stated that during the search operation, there was no incriminating document in the said seized material no addition has been called for in the hands of assessee. He further stated that during the course of search unaccounted stock-in-trade i.e. supari was detected amounting

Assistant Commissioner of Income Tax, Circle-2, Guwahati vs. M/S. Daulal Sarda and Sons, (HUF), Guwahati

In the result, all the appeals of the revenue are dismissed

ITA 198/GTY/2020[2015-16]Status: DisposedITAT Guwahati07 Nov 2023AY 2015-16

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleita Nos. 195 To 199/Gty/2020 Assessment Year: 2015-16 To 2017-18 Acit, Circle-2, Guwahati Sh. Daulal Sarda 2Nd Floor, Uco Bank Building, Vs. H.B. Road, Fancy Bazar, Guwahati-781 001. Pan: Aikps 1167 L (Appellant) (Respondent) Present For: Appellant By : Shri S.P. Bhati, Fca Respondent By : Shri Chandan Dutta, Dr Date Of Hearing : 10.08.2023 Date Of Pronouncement : 07.11.2023 O R D E R Per Sonjoy Sarma, Jm: The Captioned Appeals Are Filed By The Revenue Challenging The Orders Passed By The Ld. Cit(A) Dated 02.11.2020 For Different Assessment Years. Since The Facts & Issues Are Identical & Similar In Nature. Therefore, The Assessment Year 2015-16 Taken As Lead Case & Result Will Be Followed For The Other Assessment Years. The Main Grievance Of The Revenue Is Against The Action Of The Ld. Cit(A) By Stating That When The Assessee Has Accepted / Admitted In Quantity Of Betel Nuts. The Assessee Has Disputed The Rate Of Betel Nuts. However, The Ld. Cit(A) While Passing The Impugned Order Simply Deleted The Addition By Taking A Plea That No Incriminating Document Has Been Found During The Course Of Search.

For Appellant: Shri S.P. Bhati, FCAFor Respondent: Shri Chandan Dutta, DR
Section 132Section 132(4)Section 133(6)Section 143(1)

other hand, ld. AR stated that during the search operation, there was no incriminating document in the said seized material no addition has been called for in the hands of assessee. He further stated that during the course of search unaccounted stock-in-trade i.e. supari was detected amounting

Assistant Commissioner of Income Tax, Circle-2, Guwahati vs. Sh. Daulal Sarda, Guwahati

In the result, all the appeals of the revenue are dismissed

ITA 197/GTY/2020[2017-18]Status: DisposedITAT Guwahati07 Nov 2023AY 2017-18

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleita Nos. 195 To 199/Gty/2020 Assessment Year: 2015-16 To 2017-18 Acit, Circle-2, Guwahati Sh. Daulal Sarda 2Nd Floor, Uco Bank Building, Vs. H.B. Road, Fancy Bazar, Guwahati-781 001. Pan: Aikps 1167 L (Appellant) (Respondent) Present For: Appellant By : Shri S.P. Bhati, Fca Respondent By : Shri Chandan Dutta, Dr Date Of Hearing : 10.08.2023 Date Of Pronouncement : 07.11.2023 O R D E R Per Sonjoy Sarma, Jm: The Captioned Appeals Are Filed By The Revenue Challenging The Orders Passed By The Ld. Cit(A) Dated 02.11.2020 For Different Assessment Years. Since The Facts & Issues Are Identical & Similar In Nature. Therefore, The Assessment Year 2015-16 Taken As Lead Case & Result Will Be Followed For The Other Assessment Years. The Main Grievance Of The Revenue Is Against The Action Of The Ld. Cit(A) By Stating That When The Assessee Has Accepted / Admitted In Quantity Of Betel Nuts. The Assessee Has Disputed The Rate Of Betel Nuts. However, The Ld. Cit(A) While Passing The Impugned Order Simply Deleted The Addition By Taking A Plea That No Incriminating Document Has Been Found During The Course Of Search.

For Appellant: Shri S.P. Bhati, FCAFor Respondent: Shri Chandan Dutta, DR
Section 132Section 132(4)Section 133(6)Section 143(1)

other hand, ld. AR stated that during the search operation, there was no incriminating document in the said seized material no addition has been called for in the hands of assessee. He further stated that during the course of search unaccounted stock-in-trade i.e. supari was detected amounting

Assistant Commissioner of Income Tax, Circle-2, Guwahati vs. Sh. Daulal Sarda, Guwahati

In the result, all the appeals of the revenue are dismissed

ITA 196/GTY/2020[2016-17]Status: DisposedITAT Guwahati07 Nov 2023AY 2016-17

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleita Nos. 195 To 199/Gty/2020 Assessment Year: 2015-16 To 2017-18 Acit, Circle-2, Guwahati Sh. Daulal Sarda 2Nd Floor, Uco Bank Building, Vs. H.B. Road, Fancy Bazar, Guwahati-781 001. Pan: Aikps 1167 L (Appellant) (Respondent) Present For: Appellant By : Shri S.P. Bhati, Fca Respondent By : Shri Chandan Dutta, Dr Date Of Hearing : 10.08.2023 Date Of Pronouncement : 07.11.2023 O R D E R Per Sonjoy Sarma, Jm: The Captioned Appeals Are Filed By The Revenue Challenging The Orders Passed By The Ld. Cit(A) Dated 02.11.2020 For Different Assessment Years. Since The Facts & Issues Are Identical & Similar In Nature. Therefore, The Assessment Year 2015-16 Taken As Lead Case & Result Will Be Followed For The Other Assessment Years. The Main Grievance Of The Revenue Is Against The Action Of The Ld. Cit(A) By Stating That When The Assessee Has Accepted / Admitted In Quantity Of Betel Nuts. The Assessee Has Disputed The Rate Of Betel Nuts. However, The Ld. Cit(A) While Passing The Impugned Order Simply Deleted The Addition By Taking A Plea That No Incriminating Document Has Been Found During The Course Of Search.

For Appellant: Shri S.P. Bhati, FCAFor Respondent: Shri Chandan Dutta, DR
Section 132Section 132(4)Section 133(6)Section 143(1)

other hand, ld. AR stated that during the search operation, there was no incriminating document in the said seized material no addition has been called for in the hands of assessee. He further stated that during the course of search unaccounted stock-in-trade i.e. supari was detected amounting

Assistant Commissioner of Income Tax, Circle-2, Guwahati vs. Sh. Daulal Sarda, Guwahati

In the result, all the appeals of the revenue are dismissed

ITA 195/GTY/2020[2015-16]Status: DisposedITAT Guwahati07 Nov 2023AY 2015-16

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleita Nos. 195 To 199/Gty/2020 Assessment Year: 2015-16 To 2017-18 Acit, Circle-2, Guwahati Sh. Daulal Sarda 2Nd Floor, Uco Bank Building, Vs. H.B. Road, Fancy Bazar, Guwahati-781 001. Pan: Aikps 1167 L (Appellant) (Respondent) Present For: Appellant By : Shri S.P. Bhati, Fca Respondent By : Shri Chandan Dutta, Dr Date Of Hearing : 10.08.2023 Date Of Pronouncement : 07.11.2023 O R D E R Per Sonjoy Sarma, Jm: The Captioned Appeals Are Filed By The Revenue Challenging The Orders Passed By The Ld. Cit(A) Dated 02.11.2020 For Different Assessment Years. Since The Facts & Issues Are Identical & Similar In Nature. Therefore, The Assessment Year 2015-16 Taken As Lead Case & Result Will Be Followed For The Other Assessment Years. The Main Grievance Of The Revenue Is Against The Action Of The Ld. Cit(A) By Stating That When The Assessee Has Accepted / Admitted In Quantity Of Betel Nuts. The Assessee Has Disputed The Rate Of Betel Nuts. However, The Ld. Cit(A) While Passing The Impugned Order Simply Deleted The Addition By Taking A Plea That No Incriminating Document Has Been Found During The Course Of Search.

For Appellant: Shri S.P. Bhati, FCAFor Respondent: Shri Chandan Dutta, DR
Section 132Section 132(4)Section 133(6)Section 143(1)

other hand, ld. AR stated that during the search operation, there was no incriminating document in the said seized material no addition has been called for in the hands of assessee. He further stated that during the course of search unaccounted stock-in-trade i.e. supari was detected amounting

Hitesh Golchha, Raipur vs. Assistant Commissioner of Income Tax, Central Circle-1, Raipur

Appeals of the assessee are partly allowed, in terms of our observations herein above

ITA 104/RPR/2022[2017-18]Status: DisposedITAT Raipur02 Nov 2023AY 2017-18

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं./Ita Nos.101, 102, 103 & 104/Rpr/2022 (िनधा"रण वष" /Assessment Years: 2014-15, 2015-16, 2016-17 & 2017-18) V. Hitesh Golchha Acit, Prop. Of Mouli Investment, Central Circle-1 Jeevan Ganga, Near Dani Bada, Raipur Budha Para, Raipur – 492 001 Chhattisgarh [Pan: Agjpg 7698 F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri B. Subramanyam, C.A. ""यथ" क" ओर से /Respondent By : Shri S. K. Meena, Cit-D.R. सुनवाई क" तार"ख/Date Of Hearing : 13.09.2023 घोषणा क" तार"ख /Date Of Pronouncement : 02.11.2023

For Appellant: Shri B. Subramanyam, C.AFor Respondent: Shri S. K. Meena, CIT-D.R
Section 153ASection 263Section 43C

refer page no. 280 to 300 of paper book) Conclusion:[relevant para at page no.282 of paper book]. In the absence of seized material found during search, addition made in an order passed u/s 153A of the Act is not sustainable.” 9. Learned AR apart from original grounds in appeal ... assessee is not sustainable. Where approval was granted by the Ld. JCIT himself but on the basis of certain presumptions without verifying the seized material by himself, even the responsibility of satisfaction was placed on shoulders of the AO. In view of the above discussion and observations, respectfully following

Hitesh Golchha, Raipur vs. Assistant Commissioner of Income Tax, Central Circle-1, Raipur

Appeals of the assessee are partly allowed, in terms of our observations herein above

ITA 103/RPR/2022[2016-17]Status: DisposedITAT Raipur02 Nov 2023AY 2016-17

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं./Ita Nos.101, 102, 103 & 104/Rpr/2022 (िनधा"रण वष" /Assessment Years: 2014-15, 2015-16, 2016-17 & 2017-18) V. Hitesh Golchha Acit, Prop. Of Mouli Investment, Central Circle-1 Jeevan Ganga, Near Dani Bada, Raipur Budha Para, Raipur – 492 001 Chhattisgarh [Pan: Agjpg 7698 F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri B. Subramanyam, C.A. ""यथ" क" ओर से /Respondent By : Shri S. K. Meena, Cit-D.R. सुनवाई क" तार"ख/Date Of Hearing : 13.09.2023 घोषणा क" तार"ख /Date Of Pronouncement : 02.11.2023

For Appellant: Shri B. Subramanyam, C.AFor Respondent: Shri S. K. Meena, CIT-D.R
Section 153ASection 263Section 43C

refer page no. 280 to 300 of paper book) Conclusion:[relevant para at page no.282 of paper book]. In the absence of seized material found during search, addition made in an order passed u/s 153A of the Act is not sustainable.” 9. Learned AR apart from original grounds in appeal ... assessee is not sustainable. Where approval was granted by the Ld. JCIT himself but on the basis of certain presumptions without verifying the seized material by himself, even the responsibility of satisfaction was placed on shoulders of the AO. In view of the above discussion and observations, respectfully following

Hitesh Golchha, Raipur vs. Assistant Commissioner of Income Tax, Central Circle-1, Raipur

Appeals of the assessee are partly allowed, in terms of our observations herein above

ITA 102/RPR/2022[2015-16]Status: DisposedITAT Raipur02 Nov 2023AY 2015-16

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं./Ita Nos.101, 102, 103 & 104/Rpr/2022 (िनधा"रण वष" /Assessment Years: 2014-15, 2015-16, 2016-17 & 2017-18) V. Hitesh Golchha Acit, Prop. Of Mouli Investment, Central Circle-1 Jeevan Ganga, Near Dani Bada, Raipur Budha Para, Raipur – 492 001 Chhattisgarh [Pan: Agjpg 7698 F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri B. Subramanyam, C.A. ""यथ" क" ओर से /Respondent By : Shri S. K. Meena, Cit-D.R. सुनवाई क" तार"ख/Date Of Hearing : 13.09.2023 घोषणा क" तार"ख /Date Of Pronouncement : 02.11.2023

For Appellant: Shri B. Subramanyam, C.AFor Respondent: Shri S. K. Meena, CIT-D.R
Section 153ASection 263Section 43C

refer page no. 280 to 300 of paper book) Conclusion:[relevant para at page no.282 of paper book]. In the absence of seized material found during search, addition made in an order passed u/s 153A of the Act is not sustainable.” 9. Learned AR apart from original grounds in appeal ... assessee is not sustainable. Where approval was granted by the Ld. JCIT himself but on the basis of certain presumptions without verifying the seized material by himself, even the responsibility of satisfaction was placed on shoulders of the AO. In view of the above discussion and observations, respectfully following

Hitesh Golchha, Raipur vs. Assistant Commissioner of Income Tax, Circle-1, Raipur

Appeals of the assessee are partly allowed, in terms of our observations herein above

ITA 101/RPR/2022[2014-15]Status: DisposedITAT Raipur02 Nov 2023AY 2014-15

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं./Ita Nos.101, 102, 103 & 104/Rpr/2022 (िनधा"रण वष" /Assessment Years: 2014-15, 2015-16, 2016-17 & 2017-18) V. Hitesh Golchha Acit, Prop. Of Mouli Investment, Central Circle-1 Jeevan Ganga, Near Dani Bada, Raipur Budha Para, Raipur – 492 001 Chhattisgarh [Pan: Agjpg 7698 F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri B. Subramanyam, C.A. ""यथ" क" ओर से /Respondent By : Shri S. K. Meena, Cit-D.R. सुनवाई क" तार"ख/Date Of Hearing : 13.09.2023 घोषणा क" तार"ख /Date Of Pronouncement : 02.11.2023

For Appellant: Shri B. Subramanyam, C.AFor Respondent: Shri S. K. Meena, CIT-D.R
Section 153ASection 263Section 43C

refer page no. 280 to 300 of paper book) Conclusion:[relevant para at page no.282 of paper book]. In the absence of seized material found during search, addition made in an order passed u/s 153A of the Act is not sustainable.” 9. Learned AR apart from original grounds in appeal ... assessee is not sustainable. Where approval was granted by the Ld. JCIT himself but on the basis of certain presumptions without verifying the seized material by himself, even the responsibility of satisfaction was placed on shoulders of the AO. In view of the above discussion and observations, respectfully following