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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

Shri S Manoharan, Coimbatore vs. DCIT, Central Circle - 2, Coimbatore

In the result, appeals filed by the assessee in ITA Nos

ITA 619/CHNY/2022[2020-2021]Status: DisposedITAT Chennai28 Feb 2023AY 2020-2021

Bench: Shri V. Durga Rao, Hon’Ble & Shrimanjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.616 To 619/Chny/2022 िनधा"रण वष"/Assessment Years: 2017-18 To 2020-21 Mr.S.Manoharan, V. The Dy. Commissioner- G-3, Saratha Krupa Appt., Of Income Tax, No.55 (Old 47), Naidu Road, Central Circle-2, Sivananda Colony, Coimbatore. Coimbatore-641 012. [Pan:Aedpm 7539 R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Mr.N. Arjunraj, Ca For Mr.S.Sridhar, Adv. ""यथ" क" ओर से /Respondent By : Mr.S.Senthil Kumaran, Cit : सुनवाईक"तारीख/Date Of Hearing 22.02.2023 : घोषणाक"तारीख /Date Of Pronouncement 28.02.2023

For Appellant: Mr.N. Arjunraj, CAFor Respondent: Mr.S.Senthil Kumaran, CIT
Section 132Section 132(4)Section 139(1)Section 153CSection 270A

incorrect, erroneous, invalid, unjustified and not sustainable both on facts and in law. 7. The CIT(A) failed to appreciate that the reference to seized materials was completely tangential as well as not relevant and hence ought to have appreciated that the assessment of rental income on the facts ... incorrect, erroneous, invalid, unjustified and not sustainable both on facts and in law. 7. The CIT(A) failed to appreciate that the reference to seized materials was completely tangential as well as not relevant and hence ought to have appreciated that the assessment of rental income on the facts

Shri S Manoharan, Coimbatore vs. DCIT, Central Circle - 2, Coimbatore

In the result, appeals filed by the assessee in ITA Nos

ITA 618/CHNY/2022[2019-2020]Status: DisposedITAT Chennai28 Feb 2023AY 2019-2020

Bench: Shri V. Durga Rao, Hon’Ble & Shrimanjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.616 To 619/Chny/2022 िनधा"रण वष"/Assessment Years: 2017-18 To 2020-21 Mr.S.Manoharan, V. The Dy. Commissioner- G-3, Saratha Krupa Appt., Of Income Tax, No.55 (Old 47), Naidu Road, Central Circle-2, Sivananda Colony, Coimbatore. Coimbatore-641 012. [Pan:Aedpm 7539 R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Mr.N. Arjunraj, Ca For Mr.S.Sridhar, Adv. ""यथ" क" ओर से /Respondent By : Mr.S.Senthil Kumaran, Cit : सुनवाईक"तारीख/Date Of Hearing 22.02.2023 : घोषणाक"तारीख /Date Of Pronouncement 28.02.2023

For Appellant: Mr.N. Arjunraj, CAFor Respondent: Mr.S.Senthil Kumaran, CIT
Section 132Section 132(4)Section 139(1)Section 153CSection 270A

incorrect, erroneous, invalid, unjustified and not sustainable both on facts and in law. 7. The CIT(A) failed to appreciate that the reference to seized materials was completely tangential as well as not relevant and hence ought to have appreciated that the assessment of rental income on the facts ... incorrect, erroneous, invalid, unjustified and not sustainable both on facts and in law. 7. The CIT(A) failed to appreciate that the reference to seized materials was completely tangential as well as not relevant and hence ought to have appreciated that the assessment of rental income on the facts

Shri S Manoharan, Coimbatore vs. DCIT, Central Circle - 2, Coimbatore

In the result, appeals filed by the assessee in ITA Nos

ITA 617/CHNY/2022[2018-2019]Status: DisposedITAT Chennai28 Feb 2023AY 2018-2019

Bench: Shri V. Durga Rao, Hon’Ble & Shrimanjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.616 To 619/Chny/2022 िनधा"रण वष"/Assessment Years: 2017-18 To 2020-21 Mr.S.Manoharan, V. The Dy. Commissioner- G-3, Saratha Krupa Appt., Of Income Tax, No.55 (Old 47), Naidu Road, Central Circle-2, Sivananda Colony, Coimbatore. Coimbatore-641 012. [Pan:Aedpm 7539 R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Mr.N. Arjunraj, Ca For Mr.S.Sridhar, Adv. ""यथ" क" ओर से /Respondent By : Mr.S.Senthil Kumaran, Cit : सुनवाईक"तारीख/Date Of Hearing 22.02.2023 : घोषणाक"तारीख /Date Of Pronouncement 28.02.2023

For Appellant: Mr.N. Arjunraj, CAFor Respondent: Mr.S.Senthil Kumaran, CIT
Section 132Section 132(4)Section 139(1)Section 153CSection 270A

incorrect, erroneous, invalid, unjustified and not sustainable both on facts and in law. 7. The CIT(A) failed to appreciate that the reference to seized materials was completely tangential as well as not relevant and hence ought to have appreciated that the assessment of rental income on the facts ... incorrect, erroneous, invalid, unjustified and not sustainable both on facts and in law. 7. The CIT(A) failed to appreciate that the reference to seized materials was completely tangential as well as not relevant and hence ought to have appreciated that the assessment of rental income on the facts

Shri S Manoharan, Coimbatore vs. DCIT, Central Circle - 2, Coimbatore

In the result, appeals filed by the assessee in ITA Nos

ITA 616/CHNY/2022[2017-2018]Status: DisposedITAT Chennai28 Feb 2023AY 2017-2018

Bench: Shri V. Durga Rao, Hon’Ble & Shrimanjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.616 To 619/Chny/2022 िनधा"रण वष"/Assessment Years: 2017-18 To 2020-21 Mr.S.Manoharan, V. The Dy. Commissioner- G-3, Saratha Krupa Appt., Of Income Tax, No.55 (Old 47), Naidu Road, Central Circle-2, Sivananda Colony, Coimbatore. Coimbatore-641 012. [Pan:Aedpm 7539 R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Mr.N. Arjunraj, Ca For Mr.S.Sridhar, Adv. ""यथ" क" ओर से /Respondent By : Mr.S.Senthil Kumaran, Cit : सुनवाईक"तारीख/Date Of Hearing 22.02.2023 : घोषणाक"तारीख /Date Of Pronouncement 28.02.2023

For Appellant: Mr.N. Arjunraj, CAFor Respondent: Mr.S.Senthil Kumaran, CIT
Section 132Section 132(4)Section 139(1)Section 153CSection 270A

incorrect, erroneous, invalid, unjustified and not sustainable both on facts and in law. 7. The CIT(A) failed to appreciate that the reference to seized materials was completely tangential as well as not relevant and hence ought to have appreciated that the assessment of rental income on the facts ... incorrect, erroneous, invalid, unjustified and not sustainable both on facts and in law. 7. The CIT(A) failed to appreciate that the reference to seized materials was completely tangential as well as not relevant and hence ought to have appreciated that the assessment of rental income on the facts

Shri. Bakul Kunverji Rajal, Mumbai vs. Asst CIT CC 3(3), Mumbai

In the result, the appeals of the assessee are partly allowed for statistical purposes

ITA 7623/MUM/2019[1990-91]Status: DisposedITAT Mumbai28 Feb 2023AY 1990-91

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.7622/Mum/2019 (निर्धारण वर्ा / Assessment Year: 1989-90) & आयकर अपील सं/ I.T.A. No.7623/Mum/2019 (निर्धारण वर्ा / Assessment Year: 1990-91) Shri Bakul Kunverji Rajal बिधम/ Acit, Cc-3(3) 116, Mulji Devsi Building, Aayakar Bhavan, Room Vs. Ground Floor, New Chinch No. 401, M. K. Road, Bunder Road, Mumbai- Mumbai-400020. 400009. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabpr4005M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Haresh Shah Revenue By: Smt. Madhumalti Ghosh (Dr) सुनवाई की तारीख / Date Of Hearing: 04/01/2023 घोषणा की तारीख /Date Of Pronouncement: 28/02/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: The Assessee Had Preferred The Aforesaid Captioned Appeals Against The Order Of The Ld. Cit(A)-51, Mumbai Dated 13.09.2019 For Ay. 1989-90 & 1990-91. Since The Issues Involved In These Appeals Are Common, They Are Being Taken Up Together. 2. The First Ground Of The Appeal Has Not Been Pressed. Accordingly Ground No.1 Of The Appeals For Ays 1989-90 & 1990-91 Is Dismissed. 3. The Next Two Grounds Of Appeal In All The Four (4) Appeals Are Against The Addition/S Made By The Ao In The Assessment Orders Impugned Before Us, Which Are Summarized Below: -

For Appellant: Shri Haresh ShahFor Respondent: Smt. Madhumalti Ghosh (DR)
Section 132Section 132(4)Section 148Section 245C(1)Section 245DSection 245D(1)Section 245H

vide letter dated 16.02.2015. A.Ys. 1989-90 & 1990-91 M/s. Bakul K. Rajal 6. In the course of reassessment, upon analysis of the seized material and the statements of the partners of the above-named firms which were recorded u/s 132(4) of the Act, the AO observed that assessee

Shri. Bakul Kunverji Rajal, Mumbai vs. Asst CIT CC 3(3), Mumbai

In the result, the appeals of the assessee are partly allowed for statistical purposes

ITA 7622/MUM/2019[1989-90]Status: DisposedITAT Mumbai28 Feb 2023AY 1989-90

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.7622/Mum/2019 (निर्धारण वर्ा / Assessment Year: 1989-90) & आयकर अपील सं/ I.T.A. No.7623/Mum/2019 (निर्धारण वर्ा / Assessment Year: 1990-91) Shri Bakul Kunverji Rajal बिधम/ Acit, Cc-3(3) 116, Mulji Devsi Building, Aayakar Bhavan, Room Vs. Ground Floor, New Chinch No. 401, M. K. Road, Bunder Road, Mumbai- Mumbai-400020. 400009. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabpr4005M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Haresh Shah Revenue By: Smt. Madhumalti Ghosh (Dr) सुनवाई की तारीख / Date Of Hearing: 04/01/2023 घोषणा की तारीख /Date Of Pronouncement: 28/02/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: The Assessee Had Preferred The Aforesaid Captioned Appeals Against The Order Of The Ld. Cit(A)-51, Mumbai Dated 13.09.2019 For Ay. 1989-90 & 1990-91. Since The Issues Involved In These Appeals Are Common, They Are Being Taken Up Together. 2. The First Ground Of The Appeal Has Not Been Pressed. Accordingly Ground No.1 Of The Appeals For Ays 1989-90 & 1990-91 Is Dismissed. 3. The Next Two Grounds Of Appeal In All The Four (4) Appeals Are Against The Addition/S Made By The Ao In The Assessment Orders Impugned Before Us, Which Are Summarized Below: -

For Appellant: Shri Haresh ShahFor Respondent: Smt. Madhumalti Ghosh (DR)
Section 132Section 132(4)Section 148Section 245C(1)Section 245DSection 245D(1)Section 245H

vide letter dated 16.02.2015. A.Ys. 1989-90 & 1990-91 M/s. Bakul K. Rajal 6. In the course of reassessment, upon analysis of the seized material and the statements of the partners of the above-named firms which were recorded u/s 132(4) of the Act, the AO observed that assessee