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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

Giant Construction Company, Saidapet vs. ACIT, CC -1(4), Chennai

In the result, the appeal filed by the assessee is dismissed

ITA 435/CHNY/2021[2015-16]Status: DisposedITAT Chennai26 Apr 2023AY 2015-16

Bench: Shri V. Durga Rao & Dr. Manish Boradआयकर अपील सं./I.T.A. No.435/Chny/2021 िनधा"रण वष"/Assessment Year: 2015-16 M/S. Giant Construction Company, Vs. The Assistant Commissioner Of 19/10 F1, Rangarajapuram, 4Th Street, Income Tax, Saidapet, Chennai 600 015. Central Circle 1(4), Chennai. [Pan:Aakfg4335N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri I. Dinesh. Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 20.04.2023 घोषणा की तारीख /Date Of Pronouncement : 26.04.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Dated 31.08.2021 Relevant To The Assessment Year 2015-16. 2. Brief Facts Of The Case Are That The Assessee Is A Construction Company, A Firm Engaged In The Business Of Executing Civil Contract Work For Pwd Department & Railways. The Partners Of The Assessee Firm Were Shri K. Don Alex Raja, Shri P. Janakar & Shri S. Senthilkumar

For Appellant: Shri I. Dinesh. AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 115BSection 132Section 153CSection 40A(3)

Income Tax Act, 1961 [“Act” in short] was conducted on 22.04.2016 at the residence of Shri C.P. Anbunathan, Karur. Based on the analysis of seized materials from the residence of Shri C.P. Anbunathan, action under section 132 of the Act was initiated in the case of Shri P. Janakar

ACIT, Central Circle-1(1), Hyderabad vs. Sunil Kumar Ahuja, Hyderabad

ITA 156/HYD/2022[2008-09]Status: DisposedITAT Hyderabad25 Apr 2023AY 2008-09

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2008-09 Shri Sunil Kumar Ahuja Vs. Asstt. C. I. T. Hyderabad Central Circle 1(1) Pan:Ablpa2822L Hyderabad (Appellant) (Respondent) Assessee By: Shri S. Rama Rao, Advocate Revenue By: Shri Rajendra Kumar, Cit(Dr) Date Of Hearing: 14/03/2023 Date Of Pronouncement: 25/04/2023 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.02.2022 Of The Learned Cit (A)-11 Hyderabad Relating To A.Y.2008-09. 2. The Grounds Raised By The Assessee Are As Under: “1) The Order Of The Learned Cit (A) Is Erroneous To The Extent It Is Prejudicial To The Appellant. 2) The Learned Cit (A) Erred In Holding That The Amount Of Rs.2,05,50,000/- Represent The Unexplained Investment & Further Erred In Confirming The Addition Made By The Assessing Officer. 3). The Learned Cit (A) Erred In Confirming The Addition Made By The Assessing Officer Towards Agricultural By Income Of Rs.11,38,820/- 4). The Learned Cit (A) Erred In Confirming The Rental Income Of Rs.5,10,210/- Out Of Rs.17,00,700/- Made By The Assessing Officer.

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Shri Rajendra Kumar, CIT(DR)
Section 132Section 153A

made on account of unexplained investment, during the course of assessment proceedings, the Assessing Officer held that on verification of the seized material found from the premises of Sri OSS Prasad, it was noticed that the appellant had paid an amount of Rs.2,69,10,000/- by Cheques and Rs.2