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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

M/S Amalgamated Transport & Company, Kolkata vs. DCIT, Cir-4(3), Kolkata

In the result, assessee’s appeal stands allowed

ITA 88/KOL/2017[2011-2012]Status: DisposedITAT Kolkata31 Oct 2017AY 2011-2012

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2011-12 M/S Amalgamated V/S. Pr. Cit, Central-2, Transport & Co. 30/31, 110, Shanti Paly, Nr. Kalakar Street, Burra Ruby Hospital, Em Bye Bazar, Kolkata-007 Pass, Aayakar Poorva, [Pan No.Aapfa 6596 C] Kolkat-107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S.M. Surana, Advocate अपीलाथ" क" ओर से/By Appellant Md. Usman, Cit-Dr ""यथ" क" ओर से/By Respondent 13-09-2017 सुनवाई क" तार"ख/Date Of Hearing 31-10-2017 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal Has Been Filed By The Assessee Relating To Assessment Year 2011- 12. The Appeal Is Against The Order U/S 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Principal Commissioner Of Income Tax, Central-2, Kolkata Dated 14.10.2016. Assessment Was Framed By Dcit, Central Circle-4(3), Kolkata U/S 153A/143(3) Of The Act Vide His Order Dated 31.03.2015. Grounds Raised By Assessee Per Its Appeal As Under:- “1 For That The Order Of The Ld. Pr. Cit Is Arbitrary, Illegal, Excessive & Bad In Law. 2. For That The Ld. Pr. Cit Erred In Setting Aside The Order When The Assessing Officer Applied His Mind & Correctly Assessed The Total Income In Accordance With The Documents & Evidences Seized In The Course Of Search & Therefore The Order Was Neither Erroneous Nor Prejudicial To The Interest Of Revenue.

Section 153ASection 263

assessee on 14.01.2013. As a result of search, various documents were seized and impounded from the premises of assessee. On the basis of seized materials, it was found that assessee has earned commission income for ₹8,36,396/- ITA No.88/Kol/2017 A.Y. 2011-12 M/sAmalgamated Transpsort & Co. vs. Pr.cit ... that the undisclosed income of the assessee has been unearthed for the first quarter of the financial year 2010-11 on the basis of seized material which needs to be extrapolated for the remaining three quarters i.e. Rs. 25,09,188 (836396 x 3). Accordingly