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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

Shri Shri Khushiram Kundnani, Raipur (Cg) vs. The Dy. Commissioner of Income Tax, Central Circle, Raipur (Cg)

ITA 284/BIL/2016[2012-13]Status: DisposedITAT Raipur25 Feb 2022AY 2012-13

Bench: Shri Ravish Sood & Shri Jamlappa D. Battullआयकर अपील सं. / Ita Nos. 278 To 284/Rpr/2016 धििाारण वर्ा / Assessment Years : 2006-2007 To 2012-2013 Khushiram Kundnani, E-2, Maruti Business Park, G.E. Road, Raipur (C.G) Pan : Aevpk 3467 J .......अपीलार्थी / Appellant बिाम / V/S Dy. Commissioner Of Income Tax Central Circle, Central Revenue Building, Civil Lines, Raipur (C.G) ……प्रत्यर्थी / Respondent Appearances Assessee By : Shri Prafulla Pendse Revenue By : Shri P. K. Mishra सुनवाई की तारीख / Date Of Conclusive Hearing : 04/02/2022 घोषणा की तारीख / Date Of Pronouncement : 25/02/2022 आदेश / Order Per Bench; Against The Order Of Commissioner Of Income Tax–Appeals(33), Delhi [For Short “Cit(A)”] Dt 14/06/2016 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which Stemmed Out Of A Penalty Order Of Dy Commissioner Of Income Tax- Central Circle, Raipur [For Short “Dcit”] Dt 27/01/2014 Passed U/S 271(1)(B) Of The Act, The Appellant Assessee Filed This Appeal Before Income Tax Appellate Tribunal [For Short “The Tribunal”] U/S 253. Itat-Raipur Page 1 Of 12

For Appellant: Shri Prafulla PendseFor Respondent: Shri P. K. Mishra
Section 142(1)Section 143(3)Section 153ASection 250Section 253Section 271(1)(b)Section 274

week positively.” “3. It may kindly be noted that the delay in filing the return was not intentional. Although copy of some of the seized material was made available to me earlier and while remaining copies of loose papers was provided to me ITAT- Raipur Page ... 284/RPR/2016 AY – 2006-2007 to 2012-2013 only in the month of August, 2013. The seized material requires detailed scrutiny, first at our level and then by our chartered accountant who were busy in finalising of tax audit reports u/s 44AB of the Income Tax Act, 1961 under the newly

Shri Shri Khushiram Kundnani, Raipur (Cg) vs. The Dy. Commissioner of Income Tax, Central Circle, Raipur (Cg)

ITA 283/BIL/2016[2011-12]Status: DisposedITAT Raipur25 Feb 2022AY 2011-12

Bench: Shri Ravish Sood & Shri Jamlappa D. Battullआयकर अपील सं. / Ita Nos. 278 To 284/Rpr/2016 धििाारण वर्ा / Assessment Years : 2006-2007 To 2012-2013 Khushiram Kundnani, E-2, Maruti Business Park, G.E. Road, Raipur (C.G) Pan : Aevpk 3467 J .......अपीलार्थी / Appellant बिाम / V/S Dy. Commissioner Of Income Tax Central Circle, Central Revenue Building, Civil Lines, Raipur (C.G) ……प्रत्यर्थी / Respondent Appearances Assessee By : Shri Prafulla Pendse Revenue By : Shri P. K. Mishra सुनवाई की तारीख / Date Of Conclusive Hearing : 04/02/2022 घोषणा की तारीख / Date Of Pronouncement : 25/02/2022 आदेश / Order Per Bench; Against The Order Of Commissioner Of Income Tax–Appeals(33), Delhi [For Short “Cit(A)”] Dt 14/06/2016 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which Stemmed Out Of A Penalty Order Of Dy Commissioner Of Income Tax- Central Circle, Raipur [For Short “Dcit”] Dt 27/01/2014 Passed U/S 271(1)(B) Of The Act, The Appellant Assessee Filed This Appeal Before Income Tax Appellate Tribunal [For Short “The Tribunal”] U/S 253. Itat-Raipur Page 1 Of 12

For Appellant: Shri Prafulla PendseFor Respondent: Shri P. K. Mishra
Section 142(1)Section 143(3)Section 153ASection 250Section 253Section 271(1)(b)Section 274

week positively.” “3. It may kindly be noted that the delay in filing the return was not intentional. Although copy of some of the seized material was made available to me earlier and while remaining copies of loose papers was provided to me ITAT- Raipur Page ... 284/RPR/2016 AY – 2006-2007 to 2012-2013 only in the month of August, 2013. The seized material requires detailed scrutiny, first at our level and then by our chartered accountant who were busy in finalising of tax audit reports u/s 44AB of the Income Tax Act, 1961 under the newly

Shri Shri Khushiram Kundnani, Raipur (Cg) vs. The Dy. Commissioner of Income Tax, Central Circle, Raipur (Cg)

ITA 282/BIL/2016[2010-11]Status: DisposedITAT Raipur25 Feb 2022AY 2010-11

Bench: Shri Ravish Sood & Shri Jamlappa D. Battullआयकर अपील सं. / Ita Nos. 278 To 284/Rpr/2016 धििाारण वर्ा / Assessment Years : 2006-2007 To 2012-2013 Khushiram Kundnani, E-2, Maruti Business Park, G.E. Road, Raipur (C.G) Pan : Aevpk 3467 J .......अपीलार्थी / Appellant बिाम / V/S Dy. Commissioner Of Income Tax Central Circle, Central Revenue Building, Civil Lines, Raipur (C.G) ……प्रत्यर्थी / Respondent Appearances Assessee By : Shri Prafulla Pendse Revenue By : Shri P. K. Mishra सुनवाई की तारीख / Date Of Conclusive Hearing : 04/02/2022 घोषणा की तारीख / Date Of Pronouncement : 25/02/2022 आदेश / Order Per Bench; Against The Order Of Commissioner Of Income Tax–Appeals(33), Delhi [For Short “Cit(A)”] Dt 14/06/2016 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which Stemmed Out Of A Penalty Order Of Dy Commissioner Of Income Tax- Central Circle, Raipur [For Short “Dcit”] Dt 27/01/2014 Passed U/S 271(1)(B) Of The Act, The Appellant Assessee Filed This Appeal Before Income Tax Appellate Tribunal [For Short “The Tribunal”] U/S 253. Itat-Raipur Page 1 Of 12

For Appellant: Shri Prafulla PendseFor Respondent: Shri P. K. Mishra
Section 142(1)Section 143(3)Section 153ASection 250Section 253Section 271(1)(b)Section 274

week positively.” “3. It may kindly be noted that the delay in filing the return was not intentional. Although copy of some of the seized material was made available to me earlier and while remaining copies of loose papers was provided to me ITAT- Raipur Page ... 284/RPR/2016 AY – 2006-2007 to 2012-2013 only in the month of August, 2013. The seized material requires detailed scrutiny, first at our level and then by our chartered accountant who were busy in finalising of tax audit reports u/s 44AB of the Income Tax Act, 1961 under the newly

Shri Shri Khushiram Kundnani, Raipur (Cg) vs. The Dy. Commissioner of Income Tax, Central Circle, Raipur (Cg)

ITA 281/BIL/2016[2009-10]Status: DisposedITAT Raipur25 Feb 2022AY 2009-10

Bench: Shri Ravish Sood & Shri Jamlappa D. Battullआयकर अपील सं. / Ita Nos. 278 To 284/Rpr/2016 धििाारण वर्ा / Assessment Years : 2006-2007 To 2012-2013 Khushiram Kundnani, E-2, Maruti Business Park, G.E. Road, Raipur (C.G) Pan : Aevpk 3467 J .......अपीलार्थी / Appellant बिाम / V/S Dy. Commissioner Of Income Tax Central Circle, Central Revenue Building, Civil Lines, Raipur (C.G) ……प्रत्यर्थी / Respondent Appearances Assessee By : Shri Prafulla Pendse Revenue By : Shri P. K. Mishra सुनवाई की तारीख / Date Of Conclusive Hearing : 04/02/2022 घोषणा की तारीख / Date Of Pronouncement : 25/02/2022 आदेश / Order Per Bench; Against The Order Of Commissioner Of Income Tax–Appeals(33), Delhi [For Short “Cit(A)”] Dt 14/06/2016 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which Stemmed Out Of A Penalty Order Of Dy Commissioner Of Income Tax- Central Circle, Raipur [For Short “Dcit”] Dt 27/01/2014 Passed U/S 271(1)(B) Of The Act, The Appellant Assessee Filed This Appeal Before Income Tax Appellate Tribunal [For Short “The Tribunal”] U/S 253. Itat-Raipur Page 1 Of 12

For Appellant: Shri Prafulla PendseFor Respondent: Shri P. K. Mishra
Section 142(1)Section 143(3)Section 153ASection 250Section 253Section 271(1)(b)Section 274

week positively.” “3. It may kindly be noted that the delay in filing the return was not intentional. Although copy of some of the seized material was made available to me earlier and while remaining copies of loose papers was provided to me ITAT- Raipur Page ... 284/RPR/2016 AY – 2006-2007 to 2012-2013 only in the month of August, 2013. The seized material requires detailed scrutiny, first at our level and then by our chartered accountant who were busy in finalising of tax audit reports u/s 44AB of the Income Tax Act, 1961 under the newly

Shri Shri Khushiram Kundnani, Raipur (Cg) vs. The Dy. Commissioner of Income Tax, Central Circle, Raipur (Cg)

ITA 280/BIL/2016[2008-09]Status: DisposedITAT Raipur25 Feb 2022AY 2008-09

Bench: Shri Ravish Sood & Shri Jamlappa D. Battullआयकर अपील सं. / Ita Nos. 278 To 284/Rpr/2016 धििाारण वर्ा / Assessment Years : 2006-2007 To 2012-2013 Khushiram Kundnani, E-2, Maruti Business Park, G.E. Road, Raipur (C.G) Pan : Aevpk 3467 J .......अपीलार्थी / Appellant बिाम / V/S Dy. Commissioner Of Income Tax Central Circle, Central Revenue Building, Civil Lines, Raipur (C.G) ……प्रत्यर्थी / Respondent Appearances Assessee By : Shri Prafulla Pendse Revenue By : Shri P. K. Mishra सुनवाई की तारीख / Date Of Conclusive Hearing : 04/02/2022 घोषणा की तारीख / Date Of Pronouncement : 25/02/2022 आदेश / Order Per Bench; Against The Order Of Commissioner Of Income Tax–Appeals(33), Delhi [For Short “Cit(A)”] Dt 14/06/2016 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which Stemmed Out Of A Penalty Order Of Dy Commissioner Of Income Tax- Central Circle, Raipur [For Short “Dcit”] Dt 27/01/2014 Passed U/S 271(1)(B) Of The Act, The Appellant Assessee Filed This Appeal Before Income Tax Appellate Tribunal [For Short “The Tribunal”] U/S 253. Itat-Raipur Page 1 Of 12

For Appellant: Shri Prafulla PendseFor Respondent: Shri P. K. Mishra
Section 142(1)Section 143(3)Section 153ASection 250Section 253Section 271(1)(b)Section 274

week positively.” “3. It may kindly be noted that the delay in filing the return was not intentional. Although copy of some of the seized material was made available to me earlier and while remaining copies of loose papers was provided to me ITAT- Raipur Page ... 284/RPR/2016 AY – 2006-2007 to 2012-2013 only in the month of August, 2013. The seized material requires detailed scrutiny, first at our level and then by our chartered accountant who were busy in finalising of tax audit reports u/s 44AB of the Income Tax Act, 1961 under the newly

Shri Shri Khushiram Kundnani, Raipur (Cg) vs. The Dy. Commissioner of Income Tax, Central Circle, Raipur (Cg)

ITA 279/BIL/2016[2007-08]Status: DisposedITAT Raipur25 Feb 2022AY 2007-08

Bench: Shri Ravish Sood & Shri Jamlappa D. Battullआयकर अपील सं. / Ita Nos. 278 To 284/Rpr/2016 धििाारण वर्ा / Assessment Years : 2006-2007 To 2012-2013 Khushiram Kundnani, E-2, Maruti Business Park, G.E. Road, Raipur (C.G) Pan : Aevpk 3467 J .......अपीलार्थी / Appellant बिाम / V/S Dy. Commissioner Of Income Tax Central Circle, Central Revenue Building, Civil Lines, Raipur (C.G) ……प्रत्यर्थी / Respondent Appearances Assessee By : Shri Prafulla Pendse Revenue By : Shri P. K. Mishra सुनवाई की तारीख / Date Of Conclusive Hearing : 04/02/2022 घोषणा की तारीख / Date Of Pronouncement : 25/02/2022 आदेश / Order Per Bench; Against The Order Of Commissioner Of Income Tax–Appeals(33), Delhi [For Short “Cit(A)”] Dt 14/06/2016 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which Stemmed Out Of A Penalty Order Of Dy Commissioner Of Income Tax- Central Circle, Raipur [For Short “Dcit”] Dt 27/01/2014 Passed U/S 271(1)(B) Of The Act, The Appellant Assessee Filed This Appeal Before Income Tax Appellate Tribunal [For Short “The Tribunal”] U/S 253. Itat-Raipur Page 1 Of 12

For Appellant: Shri Prafulla PendseFor Respondent: Shri P. K. Mishra
Section 142(1)Section 143(3)Section 153ASection 250Section 253Section 271(1)(b)Section 274

week positively.” “3. It may kindly be noted that the delay in filing the return was not intentional. Although copy of some of the seized material was made available to me earlier and while remaining copies of loose papers was provided to me ITAT- Raipur Page ... 284/RPR/2016 AY – 2006-2007 to 2012-2013 only in the month of August, 2013. The seized material requires detailed scrutiny, first at our level and then by our chartered accountant who were busy in finalising of tax audit reports u/s 44AB of the Income Tax Act, 1961 under the newly

Shri Shri Khushiram Kundnani, Raipur (Cg) vs. The Dy. Commissioner of Income Tax, Central Circle, Raipur (Cg)

ITA 278/BIL/2016[2006-07]Status: DisposedITAT Raipur25 Feb 2022AY 2006-07

Bench: Shri Ravish Sood & Shri Jamlappa D. Battullआयकर अपील सं. / Ita Nos. 278 To 284/Rpr/2016 धििाारण वर्ा / Assessment Years : 2006-2007 To 2012-2013 Khushiram Kundnani, E-2, Maruti Business Park, G.E. Road, Raipur (C.G) Pan : Aevpk 3467 J .......अपीलार्थी / Appellant बिाम / V/S Dy. Commissioner Of Income Tax Central Circle, Central Revenue Building, Civil Lines, Raipur (C.G) ……प्रत्यर्थी / Respondent Appearances Assessee By : Shri Prafulla Pendse Revenue By : Shri P. K. Mishra सुनवाई की तारीख / Date Of Conclusive Hearing : 04/02/2022 घोषणा की तारीख / Date Of Pronouncement : 25/02/2022 आदेश / Order Per Bench; Against The Order Of Commissioner Of Income Tax–Appeals(33), Delhi [For Short “Cit(A)”] Dt 14/06/2016 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which Stemmed Out Of A Penalty Order Of Dy Commissioner Of Income Tax- Central Circle, Raipur [For Short “Dcit”] Dt 27/01/2014 Passed U/S 271(1)(B) Of The Act, The Appellant Assessee Filed This Appeal Before Income Tax Appellate Tribunal [For Short “The Tribunal”] U/S 253. Itat-Raipur Page 1 Of 12

For Appellant: Shri Prafulla PendseFor Respondent: Shri P. K. Mishra
Section 142(1)Section 143(3)Section 153ASection 250Section 253Section 271(1)(b)Section 274

week positively.” “3. It may kindly be noted that the delay in filing the return was not intentional. Although copy of some of the seized material was made available to me earlier and while remaining copies of loose papers was provided to me ITAT- Raipur Page ... 284/RPR/2016 AY – 2006-2007 to 2012-2013 only in the month of August, 2013. The seized material requires detailed scrutiny, first at our level and then by our chartered accountant who were busy in finalising of tax audit reports u/s 44AB of the Income Tax Act, 1961 under the newly