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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

Millennium Associate, Mumbai vs. DCIT, CC- 1(1), Mumbai

The appeal stands partly allowed in terms of our above order

ITA 7143/MUM/2019[2009-10]Status: DisposedITAT Mumbai27 Jul 2021AY 2009-10

Bench: Hon’Ble Shri Amarji Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील िं./ I.T.A. No. 7143 To 7147/Mum/2019 (धििाारण वर्ा / Assessment Year: 2009-10 To 2013-14) M/S Millennium Associates Dcit Cc – 1(1), 9Th Floor, Pratistha Bhavan, बिाम/ 211, Concorde Premises, Plot No. 66A Sector-11, Cbd-Belapur Old Cgo Annexe Vs. Navi Mumbai-400 614 M.K.Road, Mumbai-400 020 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aapfm-3953-K (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Ms. Hiraj Sejal– Ld. Ar Revenue By : Shri Narendra Jangpangi– Ld. Cit-Dr ुनवाई की तारीख/ : 27/07/2021 Date Of Hearing घोषणा की तारीख / : 06/08/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Assessee For Assessment Years (Ay) 2009- 10 To 2013-14 Arises Out Of Common Order Of Learned Commissioner Of Income-Tax (Appeals)-47, Mumbai [Cit(A)], Dated 12/09/2019 In The Matter Of Assessment Framed By Ld. Assessing Officer (Ao) U/S 143(3) R.W.S. 153A Of The Act. The Facts As Well Issues Are Substantially The Same In All The Years. For The Purpose Of Adjudication, Facts From Ay 2009-10 Are Taken. The Grounds Raised By The Assessee Read As Under: -

For Appellant: Ms. Hiraj Sejal– Ld. ARFor Respondent: Shri Narendra Jangpangi– Ld. CIT-DR
Section 143(3)Section 145(3)Section 153ASection 292CSection 68

held by Ld. AO. These advances were reflected as advance against booking in assessee’s financial statements. Proceeding further, a perusal of the seized material would reveal that xerox copies of bank passbooks of these persons has been found from the possession of the assessee and not the original passbooks ... without adducing any material evidence on record. The statement of Shri Kulvinder Singh Narula was brushed aside without giving any plausible reasons, The incriminating seized material gave complete detail of car parking no., flat no., customer name, mobile number and amount of payment and this document clearly reveal that

DCIT, Bangalore vs. M/S Everglades, Bangalore

In the result, appeal by the Assessee is dismissed

ITA 347/BANG/2012[2007-08]Status: DisposedITAT Bangalore23 Jul 2021AY 2007-08

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year : 2007-08 The Assistant Commissioner Vs. M/S. Everglades, Of Income Tax, No.1146, 12Th Main, 1St Cross, Central Circle - 2(3), Hal 2Nd Stage, Bengaluru. Bengaluru-560038. Pan : Aaaae 2295 E Appellant Respondent Appellant By : Shri. Pradeep Kumar, Cit(Dr)(Itat), Bengaluru. Respondent By : Shri. Balachandran & Shri. Shiva Prasad Reddy, Advocates Date Of Hearing : 19.07.2021 Date Of Pronouncement : 23.07.2021 O R D E R Per N.V. Vasudevanthe Facts & Circumstances Under Which This Appeal By The Revenue Is Listed For Hearing Before The Tribunal Is As Follows:

For Appellant: Shri. Pradeep Kumar, CIT(DR)(ITAT), BengaluruFor Respondent: Shri. Balachandran and Shri. Shiva Prasad Reddy, Advocates
Section 132Section 143(1)Section 143(3)Section 153C

also submitted that the impugned addition made in the Order of Assessment under section 153C of the Act was not based on any seized material but only based on Page 7 of 12 evidence already available on record of assessment and therefore addition was not warranted. We may observe that ... said decision and we find that in the aforesaid decision, additions were deleted on the ground that the same were not based on incriminating seized material found in the Page 11 of 12 course of search. In paragraph-32 of the said order, the tribunal has made it very clear