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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

Madhurendra Nath, Allahabad vs. Assistant Commissioner of Income Tax, Central Circle, Allahabad

In the result, both the appeals in ITA No

ITA 16/ALLD/2018[2013-14]Status: DisposedITAT Allahabad16 Feb 2023AY 2013-14

Bench: Shri.Vijay Pal Rao & Shri. Ramit Kocharassessment Year: 2013-14 Vs. The Asstt. Commissioner Of Smt. Neeta Nath, L/H Of Lt. Dr. Jitendra Nath Income Tax, Central Circle, Civil Lines, Allahabad B/401, Mayan Enclave, 49/13, Clive Road, Allahabad Pan-Abepn1795Q (Appellant) (Respondent) Assessment Year: 2013-14 Madhurendra Nath, Vs. The Asstt. Commissioner Of B-502, Vinayak Le Grande, Income Tax, Central Circle, 16/12, Lal Bahadur Shastri Civil Lines, Allahabad Road, Allahabad-211001 Pan-Aaipn8161D (Appellant) (Respondent) Appellant By: Sh. Siddharth Pathak, Adv Respondent By: Sh. Rabin Chaudhari, Cit Dr Date Of Hearing: 18.01.2023 Date Of Pronouncement: 16.02.2023 O R D E R Shri Vijay Pal Rao, J.M.: These Two Appeals By The Two Related Assessees Are Directed Against Two Separate Orders Of The Cit(A), Both Dated 28.04.2016 For The Assessment Year 2013-14. 2. These Appeals Are Arising From The Assessment Orders Passed Under Section 153C In Pursuant To The Search & Seizure Action Under Section 132(1) Of The Income Tax Act, Dated 05.12.2013 In The Case Of Shri. Hemant Kumar Sindhi. Therefore, The Facts & Circumstances As Well As The Grounds Of Appeal

For Appellant: Sh. Siddharth Pathak, AdvFor Respondent: Sh. Rabin Chaudhari, CIT DR
Section 132(1)Section 143(2)Section 153C

brother and further in the assessment proceedings of M/s H.K. Infraventure Private Limited, a transaction of Rs. 51,49,500/- recorded in the same seized material was accepted the AO opined that the transaction of the seized document cannot be partly true and partly incorrect. The AO consequently made

Smt. Neeta Nath L/H of Late Dr. Jitendra Nath, Allahabad vs. ACIT, Central Circle, Allahabad

In the result, both the appeals in ITA No

ITA 15/ALLD/2018[2013-14]Status: DisposedITAT Allahabad16 Feb 2023AY 2013-14

Bench: Shri.Vijay Pal Rao & Shri. Ramit Kocharassessment Year: 2013-14 Vs. The Asstt. Commissioner Of Smt. Neeta Nath, L/H Of Lt. Dr. Jitendra Nath Income Tax, Central Circle, Civil Lines, Allahabad B/401, Mayan Enclave, 49/13, Clive Road, Allahabad Pan-Abepn1795Q (Appellant) (Respondent) Assessment Year: 2013-14 Madhurendra Nath, Vs. The Asstt. Commissioner Of B-502, Vinayak Le Grande, Income Tax, Central Circle, 16/12, Lal Bahadur Shastri Civil Lines, Allahabad Road, Allahabad-211001 Pan-Aaipn8161D (Appellant) (Respondent) Appellant By: Sh. Siddharth Pathak, Adv Respondent By: Sh. Rabin Chaudhari, Cit Dr Date Of Hearing: 18.01.2023 Date Of Pronouncement: 16.02.2023 O R D E R Shri Vijay Pal Rao, J.M.: These Two Appeals By The Two Related Assessees Are Directed Against Two Separate Orders Of The Cit(A), Both Dated 28.04.2016 For The Assessment Year 2013-14. 2. These Appeals Are Arising From The Assessment Orders Passed Under Section 153C In Pursuant To The Search & Seizure Action Under Section 132(1) Of The Income Tax Act, Dated 05.12.2013 In The Case Of Shri. Hemant Kumar Sindhi. Therefore, The Facts & Circumstances As Well As The Grounds Of Appeal

For Appellant: Sh. Siddharth Pathak, AdvFor Respondent: Sh. Rabin Chaudhari, CIT DR
Section 132(1)Section 143(2)Section 153C

brother and further in the assessment proceedings of M/s H.K. Infraventure Private Limited, a transaction of Rs. 51,49,500/- recorded in the same seized material was accepted the AO opined that the transaction of the seized document cannot be partly true and partly incorrect. The AO consequently made

Dy CIT -CC-4(3), Mumbai vs. M/S. Resonant Realtors Projects P. Ltd., Mumbai

In the result, the appeals of the revenue stands dismissed

ITA 820/MUM/2021[2015-16]Status: DisposedITAT Mumbai13 Feb 2023AY 2015-16

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos.820 & 819/Mum/2021 (िनधा"रण वष" / Assessment Years: 2015-16 & 2016-17) बनाम/ Dcit-Cc-4(3) M/S. Resonant Realtors Air India Bldg Room Projects Pvt. Vs. No.1921, Nariman Point, Ltd.(Erstwhile M/S. Mumbai-400021. Omkar Realtors Projects Pvt. Ltd.) Omkar House Off Eastern Express Highway, Opp. Sion Chunnabhatti Signal, Sion (E), Mumbai- 400022. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacco0277C (अपीलाथ" /Appellant) (""थ" / Respondent) .. Assessee By: Shri Dharmesh Shah/Akshay Jain/Mitali Gopani Revenue By: Shri Ajay Chandra (Dr) सुनवाई की तारीख / Date Of Hearing: 09/12/2022 घोषणा की तारीख /Date Of Pronouncement: 13 /02/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Revenue Against The Order Of The Ld. Cit(A)-52, Mumbai Dated 16.02.2021 For Ay. 2015-16 & Ay. 2016-17 Respectively.

For Appellant: Shri Dharmesh Shah/AkshayFor Respondent: Shri Ajay Chandra (DR)
Section 115BSection 132

Total 21,66,36,400/- 5. we submit that the above figures of ‘on money' were determined on the basis of seized materials and other information. The initial declaration was made within the constraint of time and resources and at the time when search action was ongoing. This declaration ... corrected Subsequently, at the time of filing of the return in response as. 153A/C of the Act, we had once again perused the seized materials to ascertain the correct amount of ‘on money’ received in the project. 6. On verification, it was transpired that the amount

Dy CIT -CC-4(3), Mumbai vs. M/S. Resonant Realtors Projects P. Ltd., Mumbai

In the result, the appeals of the revenue stands dismissed

ITA 819/MUM/2021[2016-17]Status: DisposedITAT Mumbai13 Feb 2023AY 2016-17

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos.820 & 819/Mum/2021 (िनधा"रण वष" / Assessment Years: 2015-16 & 2016-17) बनाम/ Dcit-Cc-4(3) M/S. Resonant Realtors Air India Bldg Room Projects Pvt. Vs. No.1921, Nariman Point, Ltd.(Erstwhile M/S. Mumbai-400021. Omkar Realtors Projects Pvt. Ltd.) Omkar House Off Eastern Express Highway, Opp. Sion Chunnabhatti Signal, Sion (E), Mumbai- 400022. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacco0277C (अपीलाथ" /Appellant) (""थ" / Respondent) .. Assessee By: Shri Dharmesh Shah/Akshay Jain/Mitali Gopani Revenue By: Shri Ajay Chandra (Dr) सुनवाई की तारीख / Date Of Hearing: 09/12/2022 घोषणा की तारीख /Date Of Pronouncement: 13 /02/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Revenue Against The Order Of The Ld. Cit(A)-52, Mumbai Dated 16.02.2021 For Ay. 2015-16 & Ay. 2016-17 Respectively.

For Appellant: Shri Dharmesh Shah/AkshayFor Respondent: Shri Ajay Chandra (DR)
Section 115BSection 132

Total 21,66,36,400/- 5. we submit that the above figures of ‘on money' were determined on the basis of seized materials and other information. The initial declaration was made within the constraint of time and resources and at the time when search action was ongoing. This declaration ... corrected Subsequently, at the time of filing of the return in response as. 153A/C of the Act, we had once again perused the seized materials to ascertain the correct amount of ‘on money’ received in the project. 6. On verification, it was transpired that the amount