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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-3(1), Chennai vs. Shri B. Baskar Reddy, Hyderabad

In the result, appeal filed by the revenue and cross objection filed by the assessee are dismissed

ITA 988/CHNY/2022[2016-17]Status: DisposedITAT Chennai30 Aug 2023AY 2016-17

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.: 988/Chny/2022 & Co No: 02/Chny/2023 िनधा"रण वष" / Assessment Year: 2016-17 Deputy Commissioner Of Shri. B Bhaskar Reddy, Income Tax, V. H.No. 8-2-293/82/A/854C, Road Central Circle -3(1), No. 44, Jubilee Hills, Hyderabad. Chennai. [Pan: Acxpb-3805-B] (अपीलाथ"/Appellant) (Cross Objector) अपीलाथ" क" ओर से/Appellant By : Shri. R. Clement Ramesh Kumar, Cit Respondent/Cross Objector By : Shri. G. Baskar, Advocate & Shri. I. Dinesh, Advocate सुनवाई क" तारीख/Date Of Hearing : 17.07.2023 घोषणा क" तारीख/Date Of Pronouncement : 30.08.2023 आदेश /O R D E R

For Appellant: Shri. R. Clement Ramesh Kumar, CIT
Section 132Section 132(4)Section 698

have appreciated the fact that the assessee by making disclosure u/s. 132(4) of the IT Act during the search proceedings, based on seized materials and later retracting the same during assessment proceedings had prevented the Department from making further enquires, to the advantage of the assessee ... argued that said jewellery belongs to his family members and was acquired over the years. The appellant had also explained the contents of seized material and entries recorded therein and argued that seized documents contains investment made to Chit Funds and purchase of property and all transactions has been recorded/included

Jeppiar Educational Trust, Chennai vs. DCIT, Central Circle-1(3), Chennai

In the result, appeals filed by the assessee for all four assessment years are allowed

ITA 483/CHNY/2023[2020-21]Status: DisposedITAT Chennai23 Aug 2023AY 2020-21

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.: 480, 481, 482 & 483/Chny/2023 िनधा"रण वष" / Assessment Years: 2017-18, 2018-19, 2019-20 & 2020-21 Jeppiaar Educational Trust, The Deputy/Assistant 29A, Ganapathy Street, V. Commissioner Of Income Tax, Royapettah, Central Circle -1(3), Chennai – 600 014. Chennai. [Pan: Aaatj-0562-E] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. B. Ramakrishnan, Fca ""यथ" क" ओर से/Respondent By : Shri. R. Clement Ramesh Kumar, Cit सुनवाई क" तारीख/Date Of Hearing : 24.07.2023 घोषणा क" तारीख/Date Of Pronouncement : 23.08.2023

For Appellant: Shri. B. Ramakrishnan, FCAFor Respondent: Shri. R. Clement Ramesh Kumar, CIT
Section 12ASection 132Section 69C

institutions. A search operation u/s. 132 of the Act was conducted in the case of the assessee on 07.11.2019. During the course of search, seized material Ann/KV/JEC/LS/S, was found which contains details of refund money for four assessment years. It is seen that Ms. Deepitha, Office Assistant, in her sworn ... During the course of search in the case of the assessee trust on 7.11.2019, it was noticed from page nos.1 to 7 of seized material (Ann/ KV /JEC/LS/ S} that the assessee trust has received 'refund money' of Rs.82,34,693 (AY 2017-18); Rs.2

Jeppiar Educational Trust, Chennai vs. DCIT, Central Circle-1(3), Chennai

In the result, appeals filed by the assessee for all four assessment years are allowed

ITA 482/CHNY/2023[2019-20]Status: DisposedITAT Chennai23 Aug 2023AY 2019-20

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.: 480, 481, 482 & 483/Chny/2023 िनधा"रण वष" / Assessment Years: 2017-18, 2018-19, 2019-20 & 2020-21 Jeppiaar Educational Trust, The Deputy/Assistant 29A, Ganapathy Street, V. Commissioner Of Income Tax, Royapettah, Central Circle -1(3), Chennai – 600 014. Chennai. [Pan: Aaatj-0562-E] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. B. Ramakrishnan, Fca ""यथ" क" ओर से/Respondent By : Shri. R. Clement Ramesh Kumar, Cit सुनवाई क" तारीख/Date Of Hearing : 24.07.2023 घोषणा क" तारीख/Date Of Pronouncement : 23.08.2023

For Appellant: Shri. B. Ramakrishnan, FCAFor Respondent: Shri. R. Clement Ramesh Kumar, CIT
Section 12ASection 132Section 69C

institutions. A search operation u/s. 132 of the Act was conducted in the case of the assessee on 07.11.2019. During the course of search, seized material Ann/KV/JEC/LS/S, was found which contains details of refund money for four assessment years. It is seen that Ms. Deepitha, Office Assistant, in her sworn ... During the course of search in the case of the assessee trust on 7.11.2019, it was noticed from page nos.1 to 7 of seized material (Ann/ KV /JEC/LS/ S} that the assessee trust has received 'refund money' of Rs.82,34,693 (AY 2017-18); Rs.2

Jeppiar Educational Trust, Chennai vs. DCIT, Central Circle-1(3), Chennai

In the result, appeals filed by the assessee for all four assessment years are allowed

ITA 481/CHNY/2023[2018-19]Status: DisposedITAT Chennai23 Aug 2023AY 2018-19

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.: 480, 481, 482 & 483/Chny/2023 िनधा"रण वष" / Assessment Years: 2017-18, 2018-19, 2019-20 & 2020-21 Jeppiaar Educational Trust, The Deputy/Assistant 29A, Ganapathy Street, V. Commissioner Of Income Tax, Royapettah, Central Circle -1(3), Chennai – 600 014. Chennai. [Pan: Aaatj-0562-E] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. B. Ramakrishnan, Fca ""यथ" क" ओर से/Respondent By : Shri. R. Clement Ramesh Kumar, Cit सुनवाई क" तारीख/Date Of Hearing : 24.07.2023 घोषणा क" तारीख/Date Of Pronouncement : 23.08.2023

For Appellant: Shri. B. Ramakrishnan, FCAFor Respondent: Shri. R. Clement Ramesh Kumar, CIT
Section 12ASection 132Section 69C

institutions. A search operation u/s. 132 of the Act was conducted in the case of the assessee on 07.11.2019. During the course of search, seized material Ann/KV/JEC/LS/S, was found which contains details of refund money for four assessment years. It is seen that Ms. Deepitha, Office Assistant, in her sworn ... During the course of search in the case of the assessee trust on 7.11.2019, it was noticed from page nos.1 to 7 of seized material (Ann/ KV /JEC/LS/ S} that the assessee trust has received 'refund money' of Rs.82,34,693 (AY 2017-18); Rs.2