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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, Bangalore vs. M/S Geneva Fine Punch Enclosures Ltd., Bangalore

In the result, the appeal filed by the revenue is allowed

ITA 1560/BANG/2013[2009-10]Status: DisposedITAT Bangalore19 Jan 2018AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Lalit Kumardeputy Commissioner Of Income-Tax, Circle 11(3), Bengaluru. … Appellant Vs. M/S.Geneva Industries Ltd., (Formerly Geneva Fine Punch Enclosures Ltd.),No.140/1, Pattandur Agrahara Village, Whitefield Road, Bengaluru-560 066. … Respondent Pan: Aaacg7208F & (By The Assessee) Assessee By : Shri B.Balachandran, Advocate. Revenue By : Shri Pradeep Kumar, Cit(Dr) Date Of Hearing : 02/11/2017 Date Of Pronouncement : 19/01/2018 O R D E R Per Inturi Rama Rao, Am : These Cross Appeals Filed By The Assessee-Company As Well As Revenue Directed Against The Order Of The Ld. Commissioner Of Income- Tax(Appeals)-I, Bengaluru, Dated 30/08/2013 For The Assessment Year 2009-10. 2. Briefly, Facts Of The Case Are As Under: The Assessee Is A Company Duly Incorporated Under The Provisions Of The Companies Act 1956. It Is Engaged In The Business Of Making Of Sheet Metal, Medical Equipments & Accessories. The Return Of Income For The Assessment Year 2009-

For Appellant: Shri B.Balachandran, AdvocateFor Respondent: Shri Pradeep Kumar, CIT(DR)
Section 143Section 54GSection 69

Assessing Officer vide pages 10 to 12 wherein the Assessing Officer ITA No.1560 & 1628/Bang/2013 Page 5 of 12 had confronted the assessee with seized material found during the course of survey operations indicating some undisclosed investment, the MD of the assessee company merely denied having made any undisclosed investment

Sopariwala Exports, Mumbai vs. Asst CIT Cen Cir 44, Mumbai

Appeal stands allowed in terms of our above order

ITA 3077/MUM/2014[2006-07]Status: DisposedITAT Mumbai17 Jan 2018AY 2006-07

Bench: Shri D.T. Garasia, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. Nos.3037, 3038 &3040/Mum/2014 (िनधा"रण वष" / Assessment Years: 2004-05 To 2006-07) Deputy Commissioner Of Sopariwala Exports Income Tax 21St Floor, Nirmal बनाम/ Central Circle-44 Nariman Point R.No.656,6T H Floor Mumbai-400 021 Vs. Aaykar Bhavan, M.K.Road Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacfs-6325-E (अपीलाथ" /Appellant) (""थ" / Respondent) : & आयकर अपील सं./I.T.A. No.3077/Mum/2014 (िनधा"रण वष" / Assessment Year: 2006-07) Sopariwala Exports Assistant Commissioner Of बनाम 21St Floor, Nirmal Income Tax Nariman Point Central Circle-44 / Vs. Mumbai-400 021 Mumbai "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacfs-6325-E (अपीलाथ" /Appellant) (""थ" / Respondent) :

For Appellant: Dr. K.Shivram, Ld. ARFor Respondent: Manjunatha Swamy,Ld. CIT(DR)
Section 132Section 143(3)Section 153ASection 92

matter was concluded in the following manner:- 5.10.6 It is noticed that in the assessment order there is no reference to any incriminating seized material found during the course of search on this issue. As discussed earlier in respect of disallowance of commission, the Hon’ble ITAT Spl. Bench ... related to the evidence found, it does not mean that the assessment can be arbitrary or made without any relevance or nexus with the seized material. Obviously an assessment has to be made under this Section only on the basis of seized material. v. In absence of any incriminating material

DCIT CC 44, Mumbai vs. Sopariwala Exports, Mumbai

Appeal stands allowed in terms of our above order

ITA 3037/MUM/2014[2005-06]Status: DisposedITAT Mumbai17 Jan 2018AY 2005-06

Bench: Shri D.T. Garasia, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. Nos.3037, 3038 &3040/Mum/2014 (िनधा"रण वष" / Assessment Years: 2004-05 To 2006-07) Deputy Commissioner Of Sopariwala Exports Income Tax 21St Floor, Nirmal बनाम/ Central Circle-44 Nariman Point R.No.656,6T H Floor Mumbai-400 021 Vs. Aaykar Bhavan, M.K.Road Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacfs-6325-E (अपीलाथ" /Appellant) (""थ" / Respondent) : & आयकर अपील सं./I.T.A. No.3077/Mum/2014 (िनधा"रण वष" / Assessment Year: 2006-07) Sopariwala Exports Assistant Commissioner Of बनाम 21St Floor, Nirmal Income Tax Nariman Point Central Circle-44 / Vs. Mumbai-400 021 Mumbai "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacfs-6325-E (अपीलाथ" /Appellant) (""थ" / Respondent) :

For Appellant: Dr. K.Shivram, Ld. ARFor Respondent: Manjunatha Swamy,Ld. CIT(DR)
Section 132Section 143(3)Section 153ASection 92

matter was concluded in the following manner:- 5.10.6 It is noticed that in the assessment order there is no reference to any incriminating seized material found during the course of search on this issue. As discussed earlier in respect of disallowance of commission, the Hon’ble ITAT Spl. Bench ... related to the evidence found, it does not mean that the assessment can be arbitrary or made without any relevance or nexus with the seized material. Obviously an assessment has to be made under this Section only on the basis of seized material. v. In absence of any incriminating material

Priyanka Chopra, Mumbai vs. DCIT Cen Cir 3, Mumbai

In the result, this appeal by the assessee stands partly allowed for statistical purpose

ITA 2771/MUM/2015[2010-11]Status: DisposedITAT Mumbai16 Jan 2018AY 2010-11

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. No. 2771/Mum/2015 ("नधा"रण वष" / Assessment Year: 2010-11) Ms. Priyanka Chopra Dy. Cit, Central Circle-(3), 705, 706 & 806, Raj Classic, Room No. 905, Old Cgo Building बनाम/ B-Wing, Versova, Annex, M. K. Road, Vs. Mumbai-400 061 Mumbai-20 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Acxpc 1741 R (Appellant) : (Respondent) अपीलाथ" क" ओर से / Appellant By : Shri Rahul Raman ""यथ" क" ओर से/Respondent By : Shri Naresh Kumar & Shri Yogesh Joijode सुनवाई क" तार"ख / : 02.11.2017 Date Of Hearing घोषणा क" तार"ख / : 16.01.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order By The Commissioner Of Income Tax (Appeals) Dated 12.02.2015 & Pertains To The Assessment Year 2009- 10. 2. In This Case, Search & Seizure Action U/S. 132 Of The Act Was Conducted On 24.01.2011. The Assessee Is A Well Known Actress Of Indian Film Industries.

For Appellant: Shri Rahul RamanFor Respondent: Shri Naresh Kumar &
Section 132Section 28

brand Ambassador of NDTV Toyota Greenathon. 4. On this issue, the Assessing Officer made the addition by observing as under: On verification of the seized material it is seen that the assessee was given a Toyota Prius hybrid luxury sedan car for being the brand ambassador of NDTV-Toyota greenathon ... adjudication of this issue are not on record and the ld. Commissioner of Income Tax (Appeals) has observed that the addition is based upon seized material. Accordingly, we remit this issue to the file of the Assessing Officer. The Assessing Officer shall consider this issue in light of the factual

Priyanka Chopra, Mumbai vs. DCIT Cen Cir 3, Mumbai

In the result, this appeal by the assessee is partly allowed for statistical purpose

ITA 2769/MUM/2015[2008-09]Status: DisposedITAT Mumbai16 Jan 2018AY 2008-09

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. No. 2769/Mum/2015 ("नधा"रण वष" / Assessment Year: 2008-09) Ms. Priyanka Chopra Dy. Cit, Central Circle-1(3), 705, 706 & 806, Raj Classic, Room No. 905, Old Cgo Building बनाम/ B-Wing, Versova, Annex, M. K. Road, Vs. Mumbai-400 061 Mumbai-20 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Acxpc 1741 R (Assessee) : (Revenue) आयकर अपील सं./I.T.A. No. 2524/Mum/2015 ("नधा"रण वष" / Assessment Year: 2008-09) बनाम/ Dy. Cit, Central Circle-1(3), Ms. Priyanka Chopra Mumbai-20 Mumbai-400 061 Vs. (Revenue) : (Assessee) : Shri Rahul Raman Assessee By Revenue By : Shri Naresh Kumar & Shri Yogesh Joijode सुनवाई क" तार"ख / : 02.11.2017 Date Of Hearing घोषणा क" तार"ख / : 16.01.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: These Are Cross Appeals By The Assessee & The Revenue Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals) Dated 12.02.2015 & Pertain To The Assessment Year 2008-09. Revenue’S Appeal (In Ita No. 2524/Mum/2015):

For Respondent: Shri Naresh Kumar &
Section 132Section 132(4)

Income Tax Office on 06.06.2011, retracted the above said statement. In this background, the Assessing Officer was of the opinion that as per the seized material Rs.50 lacs in this regard was to be added as undisclosed income of the assessee. Regarding the retraction statement of Smt. Madhu Chopra ... payment made by a cheque of Rs.3.50 crores. However, the Assessing Officer was not convinced. He observed that the assessee has not contradicted the seized material on the basis of which she had disclosed an amount of Rs.50 lakhs being made for purchase of Studio Aesthetique. Instead, the assessee

DCIT Cen Cir 1(3), Mumbai vs. Priyanka Chopra, Mumbai

In the result, this appeal by the assessee is partly allowed for statistical purpose

ITA 2524/MUM/2015[2008-09]Status: DisposedITAT Mumbai16 Jan 2018AY 2008-09

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. No. 2769/Mum/2015 ("नधा"रण वष" / Assessment Year: 2008-09) Ms. Priyanka Chopra Dy. Cit, Central Circle-1(3), 705, 706 & 806, Raj Classic, Room No. 905, Old Cgo Building बनाम/ B-Wing, Versova, Annex, M. K. Road, Vs. Mumbai-400 061 Mumbai-20 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Acxpc 1741 R (Assessee) : (Revenue) आयकर अपील सं./I.T.A. No. 2524/Mum/2015 ("नधा"रण वष" / Assessment Year: 2008-09) बनाम/ Dy. Cit, Central Circle-1(3), Ms. Priyanka Chopra Mumbai-20 Mumbai-400 061 Vs. (Revenue) : (Assessee) : Shri Rahul Raman Assessee By Revenue By : Shri Naresh Kumar & Shri Yogesh Joijode सुनवाई क" तार"ख / : 02.11.2017 Date Of Hearing घोषणा क" तार"ख / : 16.01.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: These Are Cross Appeals By The Assessee & The Revenue Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals) Dated 12.02.2015 & Pertain To The Assessment Year 2008-09. Revenue’S Appeal (In Ita No. 2524/Mum/2015):

For Respondent: Shri Naresh Kumar &
Section 132Section 132(4)

Income Tax Office on 06.06.2011, retracted the above said statement. In this background, the Assessing Officer was of the opinion that as per the seized material Rs.50 lacs in this regard was to be added as undisclosed income of the assessee. Regarding the retraction statement of Smt. Madhu Chopra ... payment made by a cheque of Rs.3.50 crores. However, the Assessing Officer was not convinced. He observed that the assessee has not contradicted the seized material on the basis of which she had disclosed an amount of Rs.50 lakhs being made for purchase of Studio Aesthetique. Instead, the assessee