← All Phrases

“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

Marougen Edu Foundation, Bangalore vs. The Principal Commissioner of Income Tax (Central), Bangalore

In the result, appeal of the assessee is dismissed

ITA 163/BANG/2021[2016-17]Status: DisposedITAT Bangalore14 Sept 2021AY 2016-17

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2016-17 M/S. Marougen Edu Foundation, Vs. The Principal Commissioner Of Income Tax No.17/1, Campbell Road, Austin Town, (Central), Bengaluru – 560 047. Bengaluru. Pan : Aabtm 0820 F Appellant Respondent Appellant By : Smt. Suman Lunkar, Ca Respondent By : Shri. Muzaffar Hussain, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 13.09.2021 Date Of Pronouncement : 14.09.2021 O R D E R Per N. V. Vasudevan: This Is An Appeal By The Assessee Against The Order Dated 15.03.2021 Of The Pr.Cit (Central), Bengaluru, Relating To Ay 2016-17. 2. The Assessee Is A Society Registered Under The Karnataka Societies Registration Act, 1960. For Assessment Year 2016-17, The Assessee Filed Return Of Income Declaring Nil Income. In The Course Of Assessment Proceedings, The Ao Issued A Notice Dated 03.12.2018 In Which The Ao Pointed Out That There Was A Survey Under Section 133A Of The Income Tax Act, 1961 (Act) Conducted In The Premises Of The Assessee On 03.11.2016. The Ao Has Also Mentioned In The Said Notice That The Documents Impounded At The Time Of Survey Show That The Assessee Which Claims Exemption Under Page 2 Of 8

For Appellant: Smt. Suman Lunkar, CAFor Respondent: Shri. Muzaffar Hussain, CIT(DR)(ITAT), Bengaluru
Section 133ASection 263

Assessment Years 2012-13 to 2016-17. 3. The assessee filed a reply to the said notice dated 10.12.2019 taking a stand that the seized material does not pertain to the assessee and was a record of transactions of third party and that the third party has offered income arising

ACIT 26(3), Mumbai vs. Umakant Laxmidas Manania, Mumbai

The appeal stand dismissed

ITA 1217/MUM/2020[2014-15]Status: DisposedITAT Mumbai13 Sept 2021AY 2014-15

Bench: Hon’Ble Shri Pavan Kumar Gadale, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) 1. आयकरअपील सं./ I.T.A. No.1217/Mum/2020 (धििाारण वर्ा / Assessment Year: 2014-15) Acit-26(3) Ms. Vishakha U. Manania R. No. 332, 3Rd Floor, Kautilya Bhavan, (Legal Heir Of Late Shri Umakant बिाम/ Bandra Kurla Complex, Bandra East, Laxmidas Manania) 131/6, 1St Floor, Mani Bhuvan Mumbai-400 051 Vs. Jain Society, Sion(W) Mumbai-400 037 स्थायीलेखासं./जीआइआरसं./ Pan/Gir No. Aacpm-0540-R (अपीलाथी/Appellant) : (प्रत्यथी / Respondent) अपीलाथीकीओरसे/ Appellant By : Ms. Usha Gaikwad-Ld. Sr. Dr प्रत्यथीकीओरसे/Respondent By : Shri Suchek Anchaliya -Ld. Ar सुनवाईकीतारीख/ : 08/09/2021 Date Of Hearing घोषणाकीतारीख / : 13/09/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2014-15 Arises Out Of The Order Of Learned Commissioner Of Income-Tax (Appeals)-38, Mumbai [Cit(A)], Dated 27/11/2019 In The Matter Of Assessment Framed By Ld. Assessing Officer (Ao) U/S 143(3) On 30/12/2016. The Ground Read As Under: -

For Appellant: Ms. Usha Gaikwad-Ld. Sr. DRFor Respondent: Shri Suchek Anchaliya -Ld. AR
Section 131(1)(d)Section 133(6)Section 143(3)Section 69A

Taxmann.com 421), as referred to by Ld. DR, deal with a search case and the additions were made on the basis of seized material. However, the same is not the case here. Ground Nos. A to E stand dismissed. 7. We find that similar is the position of unsecured loans