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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

Sri Dharipalli Srinivas, Wrangal vs. ACIT, Central Circle-2, Viakahapatnam

In the result, the appeals of the assessee from 2007-08 to 2011-12

ITA 423/VIZ/2017[2010-2011]Status: DisposedITAT Visakhapatnam26 Oct 2018AY 2010-2011

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.421-424/Viz/2017 (धििाारण िर्ा/A.Ys: 2008-09 To 2011-12 Respectively) Sri Dharipalli Srinivas Acit H.No.5-33, Sumitranagar Central Circle-2 Kukatpally Visakhapatnam Hyderabad [Pan : Akypd4848D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) निर्धाऩिती की ओि से/Assessee By : Sri M.V.Anil Kumar, Ar िधजस्व की ओि से/ Revenue By Sri Deba Kumar Sonowal, Dr : सुिवधई की तधिीख / Date Of Hearing : 23.10.2018 घोषणध की तधिीख/Date Of Pronouncement : 26.10.2018

For Appellant: Sri M.V.Anil Kumar, AR
Section 132Section 143(2)Section 153C

well as the Assessing Officer ought to have appreciated the fact that your Appellant was provided with the copies of the seized material without sufficient time to analyse and file return under section 153C, therefore assessment u1s 144 is bad in law. 2. The CIT(A) erred ... facts, after considering the same ought to have deleted the addition. 5. Your Appellant submits that the addition is not based on any seized material but based on cash deposited in bank account, the addition is bad in law and may be deleted. 3. Ground No.1 is related

Sri Dharipalli Srinivas, Wrangal vs. ACIT, Central Circle-2, Visakhapatnam

In the result, the appeals of the assessee from 2007-08 to 2011-12

ITA 422/VIZ/2017[2009-2010]Status: DisposedITAT Visakhapatnam26 Oct 2018AY 2009-2010

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.421-424/Viz/2017 (धििाारण िर्ा/A.Ys: 2008-09 To 2011-12 Respectively) Sri Dharipalli Srinivas Acit H.No.5-33, Sumitranagar Central Circle-2 Kukatpally Visakhapatnam Hyderabad [Pan : Akypd4848D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) निर्धाऩिती की ओि से/Assessee By : Sri M.V.Anil Kumar, Ar िधजस्व की ओि से/ Revenue By Sri Deba Kumar Sonowal, Dr : सुिवधई की तधिीख / Date Of Hearing : 23.10.2018 घोषणध की तधिीख/Date Of Pronouncement : 26.10.2018

For Appellant: Sri M.V.Anil Kumar, AR
Section 132Section 143(2)Section 153C

well as the Assessing Officer ought to have appreciated the fact that your Appellant was provided with the copies of the seized material without sufficient time to analyse and file return under section 153C, therefore assessment u1s 144 is bad in law. 2. The CIT(A) erred ... facts, after considering the same ought to have deleted the addition. 5. Your Appellant submits that the addition is not based on any seized material but based on cash deposited in bank account, the addition is bad in law and may be deleted. 3. Ground No.1 is related

Sri Dharipalli Srinivas, Wrangal vs. ACIT, Central Circle-2, Visakhapatnam

In the result, the appeals of the assessee from 2007-08 to 2011-12

ITA 421/VIZ/2017[2008-2009]Status: DisposedITAT Visakhapatnam26 Oct 2018AY 2008-2009

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.421-424/Viz/2017 (धििाारण िर्ा/A.Ys: 2008-09 To 2011-12 Respectively) Sri Dharipalli Srinivas Acit H.No.5-33, Sumitranagar Central Circle-2 Kukatpally Visakhapatnam Hyderabad [Pan : Akypd4848D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) निर्धाऩिती की ओि से/Assessee By : Sri M.V.Anil Kumar, Ar िधजस्व की ओि से/ Revenue By Sri Deba Kumar Sonowal, Dr : सुिवधई की तधिीख / Date Of Hearing : 23.10.2018 घोषणध की तधिीख/Date Of Pronouncement : 26.10.2018

For Appellant: Sri M.V.Anil Kumar, AR
Section 132Section 143(2)Section 153C

well as the Assessing Officer ought to have appreciated the fact that your Appellant was provided with the copies of the seized material without sufficient time to analyse and file return under section 153C, therefore assessment u1s 144 is bad in law. 2. The CIT(A) erred ... facts, after considering the same ought to have deleted the addition. 5. Your Appellant submits that the addition is not based on any seized material but based on cash deposited in bank account, the addition is bad in law and may be deleted. 3. Ground No.1 is related