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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

Loon Karan Jhanwar, Kolkata vs. ACIT, CC-IV, Kolkata

In the result the appeal of the assessee is partly allowed

ITA 1995/KOL/2014[2010-2011]Status: DisposedITAT Kolkata02 Jun 2017AY 2010-2011

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am] I.T.A No. 1995/Kol/2014 Assessment Year : 2010-11 Loon Karan Jhanwar -Vs.- A.C.I.T., Central Circle-Iv, Kolkata Kolkata [Pan : Acppj 8884 L] (Respondent) (Appellant) For The Appellant : Shri B.C.Jain, Fca For The Respondent : Shri Rajat Subhra Biswas, Cit(Dr) Date Of Hearing : 30.05.2017. Date Of Pronouncement : 02.06.2017. Order Per N.V.Vasudevan, Jm This Is An Appeal By The Assessee Against The Order Dated 16.07.2014 Of C.I.T.(A)-Central-I, Kolkata Relating To A.Y.2010-11. 2. There Was A Delay Of About 18 Days In Filing The Appeal By The Assessee. The Delay Has Been Explained By The Chartered Accountant Of The Assessee As Owing To His Busy Professional Commitment & Inability To Prepare The Case Of The Assessee Within The Time Prescribed. We Have Perused The Reasons Given In The Affidavit By Shri B.C.Jain, Ar Of The Assessee. We Are Satisfied That The Delay In Filing The Appeal Was Owing To A Reasonable & Sufficient Cause. The Delay In Filing The Appeal By The Assessee Is Condoned. 3. Ground No.1 Raised By The Assesee Reads As Follows :- “1. That In The Facts & Circumstances Of The Case, The Ld. Commissioner Of Income Tax (Appeals) Erred In Confirming Addition Of Rs.1 ,08,895/ - In Respect Of Jewellery. “

For Appellant: Shri B.C.Jain, FCAFor Respondent: Shri Rajat Subhra Biswas, CIT(DR)
Section 132(1)

above, the AO is directed to restrict the assessment of undisclosed income to the receipts of Rs.2,38,995/- as found recorded in the seized material. However, no expenses can be allowed as the same are not found recorded in the seized material. Ground no.3 and 4 are partly allowed