← 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

DCIT, New Delhi vs. M/S. Second Realtors Pvt. Ltd., New Delhi

In the result, appeal of the revenue is allowed for statistical purposes

ITA 3189/DEL/2015[2006-07]Status: DisposedITAT Delhi20 Nov 2018AY 2006-07

Bench: Shri O.P. Kant & Shri K. Narasimha Charyi.T.A. No.3189Del/2015 Assessment Year: 2006-07 Dcit, Circle –23(2), Vs Second Realtors Pvt. Ltd., New Delhi. C-62, Basement, (Pan: Aajcs6446E) South Extension, Part-I, New Delhi (Appellant) (Respondent) Appellant By: Ms Ashima Neb, Sr. Dr Respondent By: Shri Manoj Gupta, Ca Shri Kundanwahi, Fca Order Date Of Hearing: 19.11.2018 Date Of Pronouncement: 20 .11.2018 Per K. Narasimha Chary, Jm Challenging The Order Dated 12/03/2015 In Appeal No. 370/14-15 Passed By The Principal Commissioner Of Income Tax (Osd) (Appeals)-8, New Delhi (“Ld. Cit(A)”) Revenue Preferred This Appeal & On The Following Grounds:-

For Appellant: Ms Ashima Neb, Sr. DRFor Respondent: Shri Manoj Gupta, CA
Section 143(3)Section 147Section 148Section 151Section 68

conclusion that the assessee has taken the accommodation entries. Vide paragraph No. 4a of the reasons recorded, learned Assessing Officer recorded that various other seized material including A-46, A -40, A -24 etc also clearly indicate the fact that the assessee has been providing accommodation entries regularly. All these ... reveals that the assessee had taken the accommodation entries as enumerated therein. It was further recorded by the learned Assessing Officer that various other seized material including A-46, A-40, A-24 etc also clearly indicated to the fact that the assessee was providing accommodation entries regularly. She, therefore

M/S. B.U. Bhandari Nandgude Patil Associates, Pune vs. Pr. Commissioner of Income-Tax, Central, Pune

In the result, all the appeals of assessee are allowed

ITA 643/PUN/2018[2009-10]Status: DisposedITAT Pune14 Nov 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.637 To 641/Pun/2018 यििाारण वषा / Assessment Years : 2009-10 To 2013-14 M/S. B.U. Bhandari Schemes, 1182, Above Hdfc Bank, Fc Road, Shivaji Nagar, अऩीऱाथी/Appellant Pune – 411005 …. Pan: Aagfb6865J Vs. The Pr. Commissioner Of Income Tax-Central, …. प्रत्यथी / Respondent Pune आयकर अपीऱ सं. / Ita No.642/Pun/2018 यििाारण वषा / Assessment Year : 2009-10 M/S. B.U. Bhandari Enterprises, 1182, Above Hdfc Bank, Fc Road, Shivaji Nagar, अऩीऱाथी/Appellant Pune – 411005 …. Pan: Aaifb0139M Vs. The Pr. Commissioner Of Income Tax-Central, …. प्रत्यथी / Respondent Pune आयकर अपीऱ सं. / Ita No.643/Pun/2018 यििाारण वषा / Assessment Year : 2009-10 M/S. B.U. Bhandari Nandgude Patil Associates, 1182, Above Hdfc Bank, Fc Road, Shivaji Nagar, अऩीऱाथी/Appellant Pune – 411005 …. Pan: Aagfb8429C Vs. The Pr. Commissioner Of Income Tax-Central, …. प्रत्यथी / Respondent Pune

For Appellant: Shri V.L. Jain
Section 132Section 143(3)Section 153ASection 153DSection 263

return of income on 19.08.2009 declaring income of ₹ 43,73,420/-. Thereafter, case of assessee was taken up for scrutiny. The Assessing Officer verified seized material and after examination, certain queries were raised, which were replied upon by the assessee and assessment of assessee was completed and returned income