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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

Ravi Rishi Educational Society, Hyderabad vs. ACIT Central Circle-2 (4), Hyderabad

In the result, the solitary ground raised by the Revenue in the appeals are dismissed

ITA 146/HYD/2022[2017-18]Status: PendingITAT Hyderabad19 Jul 2022AY 2017-18

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2017-18 Ravi Rishi Educational A.C.I.T. Society, Hyderabad Central Circle 2(4) Pan:Aaaar1952M Hyderabad (Appellant) (Respondent) Assessee By: Shri P. Murali Mohan Rao Revenue By: Shri Esthen N Hangal, Dr Date Of Hearing: 07/06/2022 Date Of Pronouncement: 19/07/2022 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 21/04/2022 Of The Learned Cit (A)-12, Hyderabad Relating To A.Y.2017-18. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Aop & Registered U/S 12A Of The I.T. Act Vide Proceedings Of The Director Of Income Tax (Exemption) Hyderabad In F.No.Hqrs/I/15/12A/Dit(E) Dated 27.02.2003. The Assessee Filed Its Original Return Of Income For The A.Y 2017-18 On 06.11.2017 Admitting Total Income Of Rs.Nil. M/S. Ravi Rishi Educational Society Is Run By Close Family Members Mr.N.Rajababu, Mr.Ramesh Babu, Mrs. N. Sulochana, Mrs. N. Yashoda, Mrs. N.

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Esthen N Hangal, DR
Section 11Section 12ASection 132Section 143(3)Section 153A

sheet contains the advances for Nandigama Land of Rs.11,02,06,345/-. 7.3.1 I have perused the submissions of the AO & the AR. The seized material showed that the total amount paid towards the purchase of Nandigama Land was Rs.18,05,92,500/-. The AO has provided a table containing

Asst. Commissioner of Income Tax, Central Circle-1(1), Hyderabad vs. Ashoka Developers & Builders Limited, Hyderabad

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

ITA 207/HYD/2019[2015-16]Status: DisposedITAT Hyderabad19 Jul 2022AY 2015-16

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2015-16 Dy. C.I.T Vs. Ashok Developers & Central Circle 1(1) Builders Ltd, Hyderabad Hyderabad (Appellant) (Respondent) Assessee By: Shri K.C. Devdas, Ca Revenue By: Shri Rajendra Kumar, Cit(Dr) Date Of Hearing: 12/07/2022 Date Of Pronouncement: 19/07/2022 Order Per R.K. Panda, A.M This Appeal Filed By The Revenue Is Directed Against The Order Dated 30.09.2018 Of The Learned Cit (A)-11, Hyderabad Relating To A.Y.2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Limited Company & Engaged In The Business Of Constructions. It Filed Its Return Of Income On 30.09.2015 Declaring Total Income Of Rs.6,61,44,100/-. A Search & Seizure Operation U/S 132 Of The Act Was Carried Out In The Assessees’ Group Of Cases On 18.02.2016. In Response To The Notice U/S 153A, The Assessee Filed Revised Return Of Income On 7.9.2016 Declaring Income Of Rs.13,58,60,960/-.

For Appellant: Shri K.C. Devdas, CAFor Respondent: Shri Rajendra Kumar, CIT(DR)
Section 132Section 132(4)Section 143(2)Section 143(3)Section 153A

thereunder are not sustainable. 6.3 As I have decided that the proceedings u/s 153A are not validly 6.3) initiated in the absence of any seized material, the assessment orders passed for the AYs 2014-15 and 2015-16 are held to be not sustainable in law. The ground ... admitted u/s. 132(4) of the Act, undisclosed business income and Undisclosed Capital Gains on the basis of incriminating evidence available in the seized material. 3. The Ld. CIT(A) erred in ignoring the fact that the assessee filed the Return in response to notice u/s. Rs.2