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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

Sunil Baran Dey, Bankura vs. ITO, Ward 1, Bankura

In the result, the appeal of the assessee is partly allowed

ITA 468/KOL/2017[2010-11]Status: DisposedITAT Kolkata13 Oct 2017AY 2010-11

Bench: Hon’Ble Shri P.M. Jagtap] I.T.A. No. 468/Kol/2017 Assessment Year : 2010-11 Shri Sunil Baran Dey.............................………………………………………………Appellant Kamalpur, Burdwan - 722136 [Pan : Abgpd3653B] Income Tax Officer...................……………………………………………….......Respondent Ward (1), Aayakar Bhawan, S.K. Sahana Road, Kenduadihi, Bankura - 722102 Appearances By: Shri Subash Agarwal, Advocate Appearing On Behalf Of The Assessee. Shri Sailen Samaddard, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : September 26, 2017 Date Of Pronouncing The Order : October 13, 2017 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) Durgapur Dated 28.10.2016 & The Grounds Raised By The Assessee Therein Read As Under: 1. For That On The Facts & Circumstances Of The Case, The Ld. Cit (A) Was Not Justified In Confirming The Addition Of Rs. 5,42,428.31/-, 3,52,661.88/- & 4,55,950.24/- Being The Peak Credit Balance In The Sb Accounts Of Smt. Mamata Dey, Smt. Moupiya Dey & Shri Somnath Dey Respectively. 2. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit (A) Ought To Have Deleted The Addition Of Rs. 1,66,287/- Made By The Ao Being The Agricultural Income Of The Appellant. 3. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit (A) Ought To Have Deleted The Addition Of Rs. 78,594/- Made By The Ao

Section 143(3)

observed as under: The Ld. CIT (A) has thereafter observed that since there are debits and credits in the above seized material and since these are regular debits and credits in the accounts and no material has been found to show that the debit/withdrawals have been used for any investment ... entry operator. The Ld. Counsel has pointed out that the ld. CIT (A) has given a specific observation after perusing the relevant seized material tht entries contained in such seized material were nothing but entries made by the assessee for carrying out his activity as an entry operator