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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

Deputy Commissioner of Income Tax, Centre-Circle-6(4), Mumbai-400021 vs. Shri Saurabh Mittal, New Delhi

In the result, the appeal filed by the revenue is dismissed and both the appeals filed by the assessee are dismissed as infructuous

ITA 1435/MUM/2022[2014-15]Status: DisposedITAT Mumbai31 Oct 2022AY 2014-15

Bench: Shri Amit Shukla, Jm & Shri M Balaganesh,Am आयकरअपीलसं./ I.T.A. No.1435/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2014-15) Deputy Commissioner Of Shri. Saurabh Mittal A-19, House No.A-01, A-32, Income Tax, Centre- Westend, New Delhi-110 021 Circle-6(4) बिधम/ Room No. 1925, 19Th Vs. Floor, Air India Building, Nariman Point, Mumbai- 400 021 स्थायीलेखासं./जीआइआरसं./ Pan No Anapm2488D (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : आयकरअपीलसं./ I.T.A. No.334 & 333/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2014-15 & 2015-16) Shri. Saurabh Kumar Deputy Commissioner Of Mittal Income Tax, Centre-Circle- Room No.543, 5Th Floor, बिधम/ 6(4) Ayankar Bhavan, Room No. 1925, 19Th Floor, Vs. M.K.Road, Air India Building, Nariman Mumbai-400 020. Point, Mumbai-400 021 स्थायीलेखासं./जीआइआरसं./ Pan No Anapm2488D (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Jitendra Joshi, Ld. Ar प्रत्यथीकीओरसे/Respondent By : Shri. A. B. Koli, Ld. Dr सुनवाईकीतारीख/ : 25.08.2022 Date Of Hearing घोषणाकीतारीख / : 31.10.2022 Date Of Pronouncement

For Appellant: Shri Jitendra Joshi, Ld. ARFor Respondent: Shri. A. B. Koli, Ld. DR
Section 132Section 132(4)Section 143(3)Section 153Section 153ASection 153CSection 3Section 69A

passed final order u/s 245D(4) of the Act on 30.04.2019. The settlement commission has determined the income of the 16 entities considering seized material, including the CTR. The addition made by the AO in respect of the unaccounted cash receipts is based on the entries in CTR. Once

DCIT- CC- 6(4), Mumbai vs. Smt. Divya Sameer Gehlaut, Mumbai

In the result, the appeal of the Revenue stands dismissed

ITA 1428/MUM/2022[2013-14]Status: DisposedITAT Mumbai31 Oct 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.1428/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Deputy Commissioner Of Income बिधम/ Smt. Divya Sameer Tax, Gehlaut Vs. Central Circle 6(4), 17Th Floor, Tower 1, Room No. 1925, 19Th Floor, Indianbulls Finance Air India Building, Centre, Senapati Bapat Nariman Point, Marg, Elphinstone Mumbai-400021 Road, Mumbai-400013 स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Ajbpg2722R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri .Om Kandalkar Revenue By: Shri. T Sankar (Dr) सुनवाई की तारीख / Date Of Hearing: 29/09/2022 घोषणा की तारीख /Date Of Pronouncement: 31/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm:

For Appellant: Shri .Om KandalkarFor Respondent: Shri. T Sankar (DR)
Section 132Section 143Section 143(3)Section 153CSection 54

with section 143(3) cannot disturb the assessment order." The jurisprudence regarding jurisdictional defect in assessment under section 153A /153C without reference to incriminating seized material has also been expounded by Hon'ble Supreme Court in the case of CIT v/s Singhad technical education Society in Civil Appeal No.11080 ... Deduction disallowed u/s 54 of the Act ) without any aid of any incriminating materials i.e. without any reference to any seized materials qua the assessee for AY 2013-14; and this finding of fact could not be controverted by the Ld. DR before us. In such scenario we note that

Shri Sanjay Shantilal Jain, Mumbai vs. JCIT, Central Range-8, Mumbai

In the result, the appeal of the In the result, the appeal of the assessee is having ITA No

ITA 6124/MUM/2018[2010-11]Status: DisposedITAT Mumbai31 Oct 2022AY 2010-11

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Dcit-Cc 8(3), 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Jcit, Central Range-8, 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent : Assessee By Mr. Rushabh Mehta, Ar Revenue By : Mr. Manoj Kumar, Cit- Dr : Date Of Hearing 15/09/2022 Date Of Pronouncement : 31/10/2022

For Respondent: Assessee by Mr. Rushabh Mehta, AR
Section 143(3)Section 40A(3)Section 50Section 68Section 69C

record appreciating the explanations and material placed on record appreciating the explanations and material placed on record as well as true content of the seized material and taking the as well as true content of the seized material and taking the as well as true content of the seized material ... present appellate order, at appropriate been discussed in the present appellate order, at appropriate places. Thus places. Thus on the basis of the seized material, it is on the basis of the seized material, it is concluded that the appellant has taken unaccounted cash concluded that the appellant has taken

Shri Sanjay Shantilal Jain, Mumbai vs. DCIT, Central Range-8 (3), Mumbai

In the result, the appeal of the In the result, the appeal of the assessee is having ITA No

ITA 6123/MUM/2018[2010-11]Status: DisposedITAT Mumbai31 Oct 2022AY 2010-11

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Dcit-Cc 8(3), 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Jcit, Central Range-8, 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent : Assessee By Mr. Rushabh Mehta, Ar Revenue By : Mr. Manoj Kumar, Cit- Dr : Date Of Hearing 15/09/2022 Date Of Pronouncement : 31/10/2022

For Respondent: Assessee by Mr. Rushabh Mehta, AR
Section 143(3)Section 40A(3)Section 50Section 68Section 69C

record appreciating the explanations and material placed on record appreciating the explanations and material placed on record as well as true content of the seized material and taking the as well as true content of the seized material and taking the as well as true content of the seized material ... present appellate order, at appropriate been discussed in the present appellate order, at appropriate places. Thus places. Thus on the basis of the seized material, it is on the basis of the seized material, it is concluded that the appellant has taken unaccounted cash concluded that the appellant has taken

Sanakan Purushothaman, Alappuzha vs. ACIT, Central Circle-1[2], Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 383/CHNY/2022[2017-18]Status: DisposedITAT Chennai28 Oct 2022AY 2017-18

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.383/Chny/2022 िनधा"रण वष"/Assessment Year: 2017-18 Shri Sankaran Purushothaman, Vs. The Assistant Commissioner Of Chingumtharayil, Income Tax, Central Circle 1(2), Thirumalabhagom P.O., Investigation Building, Mahatma Gandhi Cherthala, Alappuzha 688 540, Salai, Nungambakkam, Kerala. Chennai 600 034. [Pan:Adqpp2623R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K. Suresh Kumar Varma, C.A. ""थ" की ओर से/Respondent By : Shri M. Rajan, Cit सुनवाई की तारीख/ Date Of Hearing : 10.10.2022 घोषणा की तारीख /Date Of Pronouncement : 28.10.2022 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 22.03.2022 Relevant To The Assessment Year 2017-18. 2. Facts Are, In Brief, That A Search & Seizure Operation Was Conducted On 19.04.2017 In The Case Of Sree Gokulam Chit & Finance Company Private Limited, Which Is Engaged In The Business Of Chit Fund. During The Course Of Search Operation, Certain Books Of Account Were 2

For Appellant: Shri K. Suresh Kumar Varma, C.AFor Respondent: Shri M. Rajan, CIT
Section 144Section 153ASection 272

further stated that Sri Sanakan was the Chairman of the above Trust and some cash was also paid. Since the information contained in the seized material has a bearing on the determination of the total income of the assessee, notice under section 153A r.w.s. 153C of the Act was issued ... that the jurisdiction has been correctly assumed and the Assessing Officer as well as the ld. CIT(A) passed detailed order based on the seized materials in the absence of explanation given by the assessee. 5. We have heard both the sides, perused the materials available on record and gone