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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

DCIT CC -4(1), Central Range-4, Mumbai vs. Hitesh S. Mehta, Mumbai

In the result, the appeal filed by the assessee is hereby allowed and the appeal filed by the revenue is hereby dismissed

ITA 6026/MUM/2017[1992-93]Status: DisposedITAT Mumbai31 Aug 2020AY 1992-93

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.6026/Mum/2017 (निर्धारण वर्ा / Assessment Year: 1992-93) Dcit, Central Circle-4(1) बिधम/ Hitesh S. Mehta Central Range-4, Mumbai. 32 Madhuli, Dr. A.B.Rd, Vs. Pr. Cit(2), Mumbai Worli, Mumbai-400018. Room No.1916, 19Th Floor, Air India Building, Nariman Point, Mumbai-400021. आयकर अपील सं/ I.T.A. No.5190/Mum/2017 (निर्धारण वर्ा / Assessment Year: 1992-93) Hitesh S. Mehta बिधम/ Acit, Central Circle-4(1) 32 Madhuli, Dr. A.B.Rd, Air India Building, Nariman Vs. Worli, Mumbai-400018. Point, Mumbai-400021. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abapm4491J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Vijay Mehta / Shri Dharmesh Shah Revenue By: Dr. P. Daniel सुनवाई की तारीख / Date Of Hearing: 31/08/2020 घोषणा की तारीख /Date Of Pronouncement: 31/08/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeals Against The Order Dated 29.06.2017 Passed By The Commissioner Of Income Tax (Appeals) -52, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.1992-93. Ita. No.5190/Mum/2017 6026/M/2017 A.Y.1992-93 2. The Assessee Has Filed The Present Appeal Against The Order Dated 29.06.2017 Passed By The Commissioner Of Income Tax (Appeals) -52, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.1992- 93. 3. The Assessee Has Raised The Following Grounds: -

For Appellant: Shri Vijay Mehta / ShriFor Respondent: Dr. P. Daniel
Section 139Section 142(1)Section 144Section 234ASection 234BSection 254Section 80L

Late Shri Harshad S. Mehta in ITA. No.637/M/2007 dated 02.01.2008 wherein it was categorically observed that wherever additions were made on the basis of seized material or material collected from third parties and copies thereof were not provided to the assessee, in that case, the addition cannot be made

Hitesh S. Mehta, Mumbai vs. Assistant Commissioner of Income Tax Central Circle - 4(1), Mumbai

In the result, the appeal filed by the assessee is hereby allowed and the appeal filed by the revenue is hereby dismissed

ITA 5190/MUM/2017[1992-93]Status: DisposedITAT Mumbai31 Aug 2020AY 1992-93

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.6026/Mum/2017 (निर्धारण वर्ा / Assessment Year: 1992-93) Dcit, Central Circle-4(1) बिधम/ Hitesh S. Mehta Central Range-4, Mumbai. 32 Madhuli, Dr. A.B.Rd, Vs. Pr. Cit(2), Mumbai Worli, Mumbai-400018. Room No.1916, 19Th Floor, Air India Building, Nariman Point, Mumbai-400021. आयकर अपील सं/ I.T.A. No.5190/Mum/2017 (निर्धारण वर्ा / Assessment Year: 1992-93) Hitesh S. Mehta बिधम/ Acit, Central Circle-4(1) 32 Madhuli, Dr. A.B.Rd, Air India Building, Nariman Vs. Worli, Mumbai-400018. Point, Mumbai-400021. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abapm4491J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Vijay Mehta / Shri Dharmesh Shah Revenue By: Dr. P. Daniel सुनवाई की तारीख / Date Of Hearing: 31/08/2020 घोषणा की तारीख /Date Of Pronouncement: 31/08/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeals Against The Order Dated 29.06.2017 Passed By The Commissioner Of Income Tax (Appeals) -52, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.1992-93. Ita. No.5190/Mum/2017 6026/M/2017 A.Y.1992-93 2. The Assessee Has Filed The Present Appeal Against The Order Dated 29.06.2017 Passed By The Commissioner Of Income Tax (Appeals) -52, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.1992- 93. 3. The Assessee Has Raised The Following Grounds: -

For Appellant: Shri Vijay Mehta / ShriFor Respondent: Dr. P. Daniel
Section 139Section 142(1)Section 144Section 234ASection 234BSection 254Section 80L

Late Shri Harshad S. Mehta in ITA. No.637/M/2007 dated 02.01.2008 wherein it was categorically observed that wherever additions were made on the basis of seized material or material collected from third parties and copies thereof were not provided to the assessee, in that case, the addition cannot be made

Kothakota Rama Rao, Rayagada vs. ACIT, Central Circle-1, Bhubaneswar

In the result, appeals of the assessee i

ITA 20/CTK/2019[2015-16]Status: DisposedITAT Cuttack28 Aug 2020AY 2015-16

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अऩीऱ (तऱाशियाां और अशिग्रहण)सं./Ita No.132/Ctk/2018 (नििाारण वषा / Assessment Year :2013-2014) Kothakota Rama Rao, Vs. Acit, Central Circle-1, Kothapeta, Rayagada, Bhubaneswar District-Rayagada Pan No. : Aeppk 1600 P & आयकर अऩीऱ सं./Ita Nos.19&20/Ctk/2019 & Ita No.386/Ctk/2018 (नििाारण वषा / Assessment Year :2014-15, 2015-16 & 2016-17) Kothakota Rama Rao, Vs. Acit, Central Circle-1, Kothapeta, Rayagada, Bhubaneswar District-Rayagada Pan No. : Aeppk 1600 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Citdr सुनवाई की तारीख / Date Of Hearing : 15/07/2020 घोषणा की तारीख/Date Of Pronouncement : 31/08/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Are The Appeals Filed By The Assessee Against The Separate Orders Of Cit(A)-2, Bhubaneswar, Dated 11.09.2018 & 29.08.2018 For Assessment Years 2013-2014, 2014-2015, 2015-2016 & 2016-2017. 2. Since, Similar Issues Have Been Raised In All The Appeals, Therefore, For The Sake Of Convenience & Brevity, We Shall Decide The Appeal Of The Assessee For A.Y.2013-2014 In It(Ss)A No.132/Ctk/2018 After Taking Into Consideration The Grounds & Facts Mentioned

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri M.K.Gautam, CITDR
Section 143(3)Section 153ASection 153DSection 234

Approval, from this fact, it goes on saying without any iota of doubt that approvals were accorded without verifying the Assessment record and seized materials. Since, the learned 3CIT had not applied his judicious mind, the said approval accorded by him is not sustainable ... settled principles of law, it is respectfully submitted here that since the learned JOT has accorded approval without verifying the Assessment records and seized materials and in a very mechanical and hasty manner, the same is not sustainable in the eye of law, as such impugned Assessment orders being illegal

Kothakota Rama Rao, Rayagada vs. ACIT, Central Circle-1, Bhubaneswar

In the result, appeals of the assessee i

ITA 19/CTK/2019[2014-15]Status: DisposedITAT Cuttack28 Aug 2020AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अऩीऱ (तऱाशियाां और अशिग्रहण)सं./Ita No.132/Ctk/2018 (नििाारण वषा / Assessment Year :2013-2014) Kothakota Rama Rao, Vs. Acit, Central Circle-1, Kothapeta, Rayagada, Bhubaneswar District-Rayagada Pan No. : Aeppk 1600 P & आयकर अऩीऱ सं./Ita Nos.19&20/Ctk/2019 & Ita No.386/Ctk/2018 (नििाारण वषा / Assessment Year :2014-15, 2015-16 & 2016-17) Kothakota Rama Rao, Vs. Acit, Central Circle-1, Kothapeta, Rayagada, Bhubaneswar District-Rayagada Pan No. : Aeppk 1600 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Citdr सुनवाई की तारीख / Date Of Hearing : 15/07/2020 घोषणा की तारीख/Date Of Pronouncement : 31/08/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Are The Appeals Filed By The Assessee Against The Separate Orders Of Cit(A)-2, Bhubaneswar, Dated 11.09.2018 & 29.08.2018 For Assessment Years 2013-2014, 2014-2015, 2015-2016 & 2016-2017. 2. Since, Similar Issues Have Been Raised In All The Appeals, Therefore, For The Sake Of Convenience & Brevity, We Shall Decide The Appeal Of The Assessee For A.Y.2013-2014 In It(Ss)A No.132/Ctk/2018 After Taking Into Consideration The Grounds & Facts Mentioned

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri M.K.Gautam, CITDR
Section 143(3)Section 153ASection 153DSection 234

Approval, from this fact, it goes on saying without any iota of doubt that approvals were accorded without verifying the Assessment record and seized materials. Since, the learned 3CIT had not applied his judicious mind, the said approval accorded by him is not sustainable ... settled principles of law, it is respectfully submitted here that since the learned JOT has accorded approval without verifying the Assessment records and seized materials and in a very mechanical and hasty manner, the same is not sustainable in the eye of law, as such impugned Assessment orders being illegal

Kothakota Rama Rao, Rayagada vs. ACIT, Central Circle-1, Bhubaneswar

In the result, appeals of the assessee i

ITA 386/CTK/2018[2016-17]Status: DisposedITAT Cuttack28 Aug 2020AY 2016-17

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अऩीऱ (तऱाशियाां और अशिग्रहण)सं./Ita No.132/Ctk/2018 (नििाारण वषा / Assessment Year :2013-2014) Kothakota Rama Rao, Vs. Acit, Central Circle-1, Kothapeta, Rayagada, Bhubaneswar District-Rayagada Pan No. : Aeppk 1600 P & आयकर अऩीऱ सं./Ita Nos.19&20/Ctk/2019 & Ita No.386/Ctk/2018 (नििाारण वषा / Assessment Year :2014-15, 2015-16 & 2016-17) Kothakota Rama Rao, Vs. Acit, Central Circle-1, Kothapeta, Rayagada, Bhubaneswar District-Rayagada Pan No. : Aeppk 1600 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Citdr सुनवाई की तारीख / Date Of Hearing : 15/07/2020 घोषणा की तारीख/Date Of Pronouncement : 31/08/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Are The Appeals Filed By The Assessee Against The Separate Orders Of Cit(A)-2, Bhubaneswar, Dated 11.09.2018 & 29.08.2018 For Assessment Years 2013-2014, 2014-2015, 2015-2016 & 2016-2017. 2. Since, Similar Issues Have Been Raised In All The Appeals, Therefore, For The Sake Of Convenience & Brevity, We Shall Decide The Appeal Of The Assessee For A.Y.2013-2014 In It(Ss)A No.132/Ctk/2018 After Taking Into Consideration The Grounds & Facts Mentioned

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri M.K.Gautam, CITDR
Section 143(3)Section 153ASection 153DSection 234

Approval, from this fact, it goes on saying without any iota of doubt that approvals were accorded without verifying the Assessment record and seized materials. Since, the learned 3CIT had not applied his judicious mind, the said approval accorded by him is not sustainable ... settled principles of law, it is respectfully submitted here that since the learned JOT has accorded approval without verifying the Assessment records and seized materials and in a very mechanical and hasty manner, the same is not sustainable in the eye of law, as such impugned Assessment orders being illegal