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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

Sumangal Techpark (P) Ltd, New Delhi vs. ITO Ward - 24(3), New Delhi

In the result, the appeal filed by the assessee is partly allowed

ITA 3840/DEL/2019[2010-11]Status: DisposedITAT Delhi23 Feb 2023AY 2010-11

Bench: Shri Anil Chaturvedi & Shri C.M. Gargassessment Year: 2010-11 Sumangal Techpark (P) Ltd., Vs. Ito, 117, Hans Bhawan, Ward-24(3), 1 Bsz Marg, New Delhi. New Delhi. Pan: Aalcs4760R (Appellant) (Respondent) Assessee By : Shri S.K. Gupta, Ca Revenue By : Ms Kirti Sankratyayan, Sr. Dr Date Of Hearing : 19.12.2022 Date Of Pronouncement : 23.02.2023 Order Per C.M. Garg, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 26.02.2019 Of The Cit(A)-8, New Delhi, Relating To Assessment Year 2010-11. 2. First Of All, We Have Heard The Arguments Of Both The Representatives On Legal Ground No.1 Of The Assessee Which Reads As Under:- “3. The Initiation Of The Proceedings U/S 148 & The Consequent Order Us 147 Are Bad In Law As A) The Initiation Of Proceedings U/S 148 Are Contrary To Provisions Of Law B) The Mandatory Procedure Laid Down In The Act Has Not Been Followed. C) The Notice Issued U/S 148 Is Time Barred As Issued After 4 Years From The End Of The Relevant Assessment Year Where The Case Has Already Been Assessed U/S 143(3). D) The Approval Of Addl. Cit & Pcit Is Bad In Law & Mechanical Without Application Of Mind & Has Been Taken Without Bringing To Their Notice Material Facts Of The Case. E) The Information Has Been Collected Behind The Back Of The Assessee & The Assessee Was Never Confronted With The Same Nor An Opportunity Provided For Cross-Examination Of Jain Brothers, Alleged Intermediary & The Relevant Seized Material Relied Upon Has Not Been Provided To The Assessee.”

For Appellant: Shri S.K. Gupta, CAFor Respondent: Ms Kirti Sankratyayan, Sr. DR
Section 143(3)Section 147Section 148Section 151Section 292B

assessee was never confronted with the same nor an opportunity provided for cross-examination of Jain Brothers, alleged intermediary and the relevant seized material relied upon has not been provided to the assessee.” 3. The written submissions of the assessee on this ground reads as follows:- “a. Reliance

Assistant Commissioner of Income Tax, Circle - 3, Guwahati vs. M/S. Anupam Nirman Pvt. Ltd., Guwahati

In the result, appeal of the revenue is dismissed

ITA 172/GTY/2018[2012-13]Status: DisposedITAT Guwahati22 Feb 2023AY 2012-13

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 172/Gty/2018 Assessment Year: 2012-13 Assistant Commissioner Of M/S. Anupam Nirman Private Income Tax, Circle-3, Guwahati Vs Limited 1St Floor, Kabita Mansion Rajgarh Link Road Chandmari Guwahati - 781003 [Pan : Aaica 4965 B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Kishor Jain, Fca Revenue By : Shri N.T. Sherpa, Jcit सुनवाई क" तार"ख/Date Of Hearing : 20/12/2022 घोषणा क" तार"ख /Date Of Pronouncement: 22/02/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – Guwahati-2, Guwahati, (Hereinafter The “Ld. Cit(A)”) Dt. 27/03/2018, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2012-13. 2. The Revenue Has Raised The Following Grounds Of Appeal:- “(I) That On The Facts & Circumstances Of The Case As Well As On The Points Of Law, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs. 1,20,77,310/- On Account Estimation Of The Net Profit @ 7% Of Total Turnover For The Year. (Ii) That On The Facts & Circumstances Of The Case As Well As On The Points Of Law, The Ld. Cit(A) Erred In Deleting The Addition Of Rs. 49,05,724/- On Account Of Disallowance Towards Interest Expense Against Loan Under Section 40(A)(Ia) Of The Income Tax Act, 1961. (Iii) That On The Facts & Circumstances Of The Case As Well As On The Points Of Law, The Ld. Cit(A) Erred In Deleting The Addition Of Rs. 11,26,247/- On

For Appellant: Shri Kishor Jain, FCAFor Respondent: Shri N.T. Sherpa, JCIT
Section 132Section 143(2)Section 143(3)Section 153CSection 250Section 40Section 43B

related to the evidence found, it does not mean that the assessment "can be arbitrary or made without any relevance or nexus with the seized material. Obviously an assessment has to be made under this Section only on the basis of seized material." v. In absence of any incriminating material

M/S K.K. Enterprise, Rajkot vs. The Assistant Commr. of Income Tax, Cen. Cir.-1, Rajkot

In the result, the appeal of the assessee is allowed; while the appeal of the Revenue is dismissed in above terms

ITA 434/RJT/2017[2013-14]Status: DisposedITAT Rajkot22 Feb 2023AY 2013-14

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyalassessment Year :2013-14 The Acit, Cent.Cir.1 Vs. M/S.K.K. Enterprise Rajkot. C/O.Sadp& Co., Cas. Bb House, 5-College Wadi Nr.Kathiyawad Gymkhana Rajkot 360 001. Pan : Aafk 3153 D Assessment Year :2013-14 M/S.K.K. Enterprise Vs. The Acit, Cent.Cir.1 C/O.Sadp& Co., Cas. Rajkot. Bb House, 5-College Wadi Nr.Kathiyawad Gymkhana Rajkot 360 001. Pan : Aafk 3153 D अपीलाथ"/ (Appellant) "" यथ"/(Respondent) Assesseeby : None Revenue By : Shri Shramdeep Sinha, Ld.Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 28/11/2022 घोषणा क" तार"ख /Date Of Pronouncement: 22/02/2023 आदेश/O R D E R Perannapurna Guptathese Are Cross-Appeals Filed By The Revenue & The Assessee Against Order Passed By The Ld.Ld.Commissioner Of Income-Tax (Appeals)-4, Ahmedabad [Hereinafter Referred To As “Ld.Cit(A)”] Dated

For Appellant: NoneFor Respondent: Shri Shramdeep Sinha, ld.CIT-DR
Section 153ASection 250(6)

record instead of @0.50% (i.e. the commission quantum embedded in the deposits) supported by the evidences in form of finding of DGCEI and seized material. 4. Making addition of @5% on account of assumed investment to start business, without any evidence or basis and completely arbitrarily 5. Not considering ... held re-opening of assessment on the basis of the finding of DGCEI as legal and valid one. 6. Ignoring the fact that in seized material itself the nature of the business of the appellant is revealed as shroff/ angadia along with the quantum of the commission element as well

Dy. Commr. of Income Tax, Cen. Cir.-1, Rajkot vs. M/S K.K. Enterprise, Rajkot

In the result, the appeal of the assessee is allowed; while the appeal of the Revenue is dismissed in above terms

ITA 419/RJT/2017[2013-14]Status: DisposedITAT Rajkot22 Feb 2023AY 2013-14

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyalassessment Year :2013-14 The Acit, Cent.Cir.1 Vs. M/S.K.K. Enterprise Rajkot. C/O.Sadp& Co., Cas. Bb House, 5-College Wadi Nr.Kathiyawad Gymkhana Rajkot 360 001. Pan : Aafk 3153 D Assessment Year :2013-14 M/S.K.K. Enterprise Vs. The Acit, Cent.Cir.1 C/O.Sadp& Co., Cas. Rajkot. Bb House, 5-College Wadi Nr.Kathiyawad Gymkhana Rajkot 360 001. Pan : Aafk 3153 D अपीलाथ"/ (Appellant) "" यथ"/(Respondent) Assesseeby : None Revenue By : Shri Shramdeep Sinha, Ld.Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 28/11/2022 घोषणा क" तार"ख /Date Of Pronouncement: 22/02/2023 आदेश/O R D E R Perannapurna Guptathese Are Cross-Appeals Filed By The Revenue & The Assessee Against Order Passed By The Ld.Ld.Commissioner Of Income-Tax (Appeals)-4, Ahmedabad [Hereinafter Referred To As “Ld.Cit(A)”] Dated

For Appellant: NoneFor Respondent: Shri Shramdeep Sinha, ld.CIT-DR
Section 153ASection 250(6)

record instead of @0.50% (i.e. the commission quantum embedded in the deposits) supported by the evidences in form of finding of DGCEI and seized material. 4. Making addition of @5% on account of assumed investment to start business, without any evidence or basis and completely arbitrarily 5. Not considering ... held re-opening of assessment on the basis of the finding of DGCEI as legal and valid one. 6. Ignoring the fact that in seized material itself the nature of the business of the appellant is revealed as shroff/ angadia along with the quantum of the commission element as well

Vikash Sethia, Bangalore vs. The ACIT, Central Circle-1(2), Bengaluru

In the result, the appeal filed by the assessee is partly allowed

ITA 1064/BANG/2022[2014-15]Status: DisposedITAT Bangalore20 Feb 2023AY 2014-15

Bench: Shri George George K. & Ms. Padmavathy S.Shri Vikash Sethia Vs Acit, Central Circle - 1(2) No. 102, Kalpak Arcade C R Building, Queens Road 19 Church Street Bengaluru 560001 Bangalore 560001 Pan – Amjps0361H (Appellant) (Respondent) Assessee By: Shri S.V. Ravishankar, Advocate Revenue By: Ms. Neera Malhotra, Cit-Dr Date Of Hearing: 16.02.2023 Date Of Pronouncement: 20.02.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Cit(A)’S Order Dated 12.10.2022. The Relevant Assessment Year Is 2014-15. 2. The Brief Facts Of The Case Are As Follows: - The Assessee Is An Individual Deriving Salary & Interest Income. For Ay 2014-15 Return Of Income Was Filed On 12.06.2014 Declaring Income Of Rs.2,88,470/-. Consequent To A Search In The Premises Of Mahaveer Medicare & Also The Assessee On 19.12.2014 Assessment Was Completed Under Section 153C R.W.S 153A R.W.S 143(3) Of The Income Tax Act, 1961 (The Act) On 30.11.2016 Determining The Total Income At Rs.1,02,88,470/- Instead Of Rs.2,88,470/- Declared In The Return Of Income. The Ao Made Solitary Addition

For Appellant: Shri S.V. Ravishankar, AdvocateFor Respondent: Ms. Neera Malhotra, CIT-DR
Section 132(4)Section 143(3)Section 153ASection 153CSection 292B

pertain to Shri Vikas Sethia (emphasis supplied) 3. Now, in the capacity of Assessing Officer of Shri Vikas Sethia, I have examined the seized material mentioned in Annexure-A. During the search, whatsapp messages between Vikash Sethia and Uttam Kumar P Jain indicating cash transfers were found in the iphone