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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

Dr. P. Dayananda Pai, Bangalore vs. The Deputy Commissioner of Income Tax, Circle- 2(2), Bangalore

In the result, appeal of the Assessee is partly allowed for statistical purpose

ITA 150/BANG/2020[2005-06]Status: DisposedITAT Bangalore26 Jul 2022AY 2005-06

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sassessment Year :2005-06 Dr. P Dayananda Pai, Vs. Dcit, 10/1, Lakshminarayana Complex, Circle – 2(2), Palace Road, Bengaluru. Bengaluru – 560 052. Pan : Abapp 4418 Q Appellant Respondent Assessee By : Shri. R. Ramakrishnan, Ca Revenue By : Smt. Susan Dolores George, Cit(Osd)(Itat), Bengaluru. Date Of Hearing : 19.07.2022 Date Of Pronouncement : 26.07.2022 O R D E R Per N. V. Vasudevan: This Is An Appeal By The Assessee Against The Order Dated 9.12.2019 Of Cit(A)-11, Bengaluru, Relating To Ay 2005-06. 2. The Assessee Is An Individual. He Is Also Referred To As “Pdp” In This Order. He Is In The Business Of Real Estate For Over Four Decades. He Carried On Business Of Real Estate In His Individual Capacity. From Ay 95-96 He Transferred All The Rights In Properties Under Various Agreements To A Partnership Firm “M/S.P.Dayanand Pai”, Vide Deed Of Partnership Dated 1-4-1994. In This Firm Mr.P.Dayanand Pai & His Brother Mr.P.Satish & 9 Other Individuals Were Partners. Thereafter By A Deed Of Partnership Dated 9.6.2000 The Firm “M/S.P.Dayanada Pai” Merged Its Business With Another Partnership Firm “M/S.Canara Housing Development Company” (Hereinafter Page 2 Of 39

For Appellant: Shri. R. Ramakrishnan, CAFor Respondent: Smt. Susan Dolores George, CIT(OSD)(ITAT), Bengaluru
Section 10Section 132Section 139Section 143(3)Section 147Section 148Section 149Section 151Section 153Section 153A

concerned, the AO initiated proceedings u/s.147 of the Act, to assess income that has escaped Assessment. The fact however remains that the seized material based on which Assessment was framed for AY 2005-06 and Page 5 of 39 for AY 2006-07 to 2011-12 were ... cash transactions are all dated prior to March 2005 and they are not reflected in the DTTE Tally date seized. On analysis of the seized material, it is notice that the income of Rs.3,68,42,500/- as detailed in the handwritten statements but not reflected in DTTE Tally

Dy. C.I.T. Central Cir.-2(2), Nagpur vs. Shri Ajay Govinddas Saraf, Nagpur

In the result, all the appeals filed by the revenue and cross objections filed by the assessee are dismissed

ITA 509/NAG/2016[2011-12]Status: DisposedITAT Nagpur25 Jul 2022AY 2011-12

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita Nos.506, 508 & 509/Nag/2016 Assessment Years. : 2006-07, 2009-10 & 2011-12) Vs Ajay Govinddas Saraf, Dy.Cit, Cir-2(2), Nagpur Flat No.2, Yogeshwar Ganga Apartment, 97-98, Farm Land, Ramdaspeth, Nagpur-12 Pan No. : Aqfps 2701 K & Cross Objection Nos.11, 13 & 14/Nag/2017 (Arising Out Of Ita Nos.506, 508 & 509/Nag/2016) Assessment Years. : 2006-07, 2009-10 & 2011-12) Vs Dy.Cit, Cir-2(2), Nagpur Ajay Govinddas Saraf, Flat No.2, Yogeshwar Ganga Apartment, 97-98, Farm Land, Ramdaspeth, Nagpur-12 Pan No. : Aqfps 2701 K (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. राजस्व की ओर से /Revenue By : Shri Piyush Kolhe, Cit निर्ााररती की ओर से /Assessee By Shri Sudesh Banthia, Ca सुिवाई की तारीख / Date Of Hearing : 19/04/2022 घोषणा की तारीख/Date Of Pronouncement : 25/07/2022 आदेश / O R D E R

For Respondent: Shri Piyush Kolhe, CIT

noting of Rs.60/- as the coded value of Rs. 60 lacs is not coming out of the impugned seized document nor any other seized material. The interpretation drawn by the AO is without any basis. Further the assessee has offered an explanation during the course of assessment proceedings that ... narrated by the Ld AO, observations of the CIT(A) and argued that the AO’s assessment was factually correct, it was based on seized material annexed at page no. 2 of B-1/9, acceptance of the assessee to offer the amount additional income which was not accounted

Dy. C.I.T. Central Cir.-2(2), Nagpur vs. Shri Ajay Govinddas Saraf, Nagpur

In the result, all the appeals filed by the revenue and cross objections filed by the assessee are dismissed

ITA 508/NAG/2016[2009-10]Status: DisposedITAT Nagpur25 Jul 2022AY 2009-10

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita Nos.506, 508 & 509/Nag/2016 Assessment Years. : 2006-07, 2009-10 & 2011-12) Vs Ajay Govinddas Saraf, Dy.Cit, Cir-2(2), Nagpur Flat No.2, Yogeshwar Ganga Apartment, 97-98, Farm Land, Ramdaspeth, Nagpur-12 Pan No. : Aqfps 2701 K & Cross Objection Nos.11, 13 & 14/Nag/2017 (Arising Out Of Ita Nos.506, 508 & 509/Nag/2016) Assessment Years. : 2006-07, 2009-10 & 2011-12) Vs Dy.Cit, Cir-2(2), Nagpur Ajay Govinddas Saraf, Flat No.2, Yogeshwar Ganga Apartment, 97-98, Farm Land, Ramdaspeth, Nagpur-12 Pan No. : Aqfps 2701 K (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. राजस्व की ओर से /Revenue By : Shri Piyush Kolhe, Cit निर्ााररती की ओर से /Assessee By Shri Sudesh Banthia, Ca सुिवाई की तारीख / Date Of Hearing : 19/04/2022 घोषणा की तारीख/Date Of Pronouncement : 25/07/2022 आदेश / O R D E R

For Respondent: Shri Piyush Kolhe, CIT

noting of Rs.60/- as the coded value of Rs. 60 lacs is not coming out of the impugned seized document nor any other seized material. The interpretation drawn by the AO is without any basis. Further the assessee has offered an explanation during the course of assessment proceedings that ... narrated by the Ld AO, observations of the CIT(A) and argued that the AO’s assessment was factually correct, it was based on seized material annexed at page no. 2 of B-1/9, acceptance of the assessee to offer the amount additional income which was not accounted