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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

Abu Mansur Ali, Kolkata vs. DCIT, CC-Xviii, Kolkata

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

ITA 92/KOL/2014[2009-2010]Status: DisposedITAT Kolkata22 Mar 2017AY 2009-2010

Bench: Shri N.V.Vasudevan, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.92/Kol/2014 ("नधा"रण वष" /Assessment Year:2009-2010) Abu Mansur Ali, Vs. Dcit, Cc-Xviii, Kolkata, Raigachi, Azadnagar, Rajarhat, 110, Shanti Pally, E.M.Bye Pass Kolkata-700135 Kasba, Kolkata-700107 "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Ajwpa 0693 E .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee By : Shri S.M.Surana, Advocate Revenue By : Shri Rajat Kumar Kureel, Jcit सुनवाई क" तार"ख / Date Of Hearing : 06/03/2017 घोषणा क" तार"ख/Date Of Pronouncement 22/03/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee Pertaining To The Assessment Year 2009-2010, Is Directed Against The Order Passed By Ld. Cit(A), Central-Ii, Kolkata In Appeal No.94/Cc-Xviii/Cit(A)C-Ii/11-12, Dated 19.11.2013, Which In Turn Arises Out Of An Order Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 31.12.2010. 2. Brief Facts Of The Case Qua The Assessee Are That A Search & Seizure Operations U/S 132 Of The Income Tax Act, 1961 Were Conducted In The M/S.Kaushalya Infrastructure Group Of Cases On 26/27.03.2009 & On Subsequent Dates (At Certain Spots). This Included Search Also At The Residence Of The Assessee At Vill: Raigachi, Azad Nagar, Rajarhat, 24 Pgs(N), Kolkata-136 By Virtue Of A Search Warrant Dated 25.03.2009. During The Course Of Search Some Diaries & Documents/Papers Vide Id Marks Ama/L To Ama/7 As Per Annexure-'A' Were Found & Seized. Besides, Cash Of Rs.8,300/ Was Also Found But Hot Seized Vide Anneure-2

For Appellant: Shri S.M.surana, AdvocateFor Respondent: Shri Rajat Kumar Kureel, JCIT
Section 132Section 139(1)Section 143(3)Section 271A

addition based on estimation. All the figures are relating to Kaushalya Group, therefore, addition made by the AO is not based on any seized material but it is based only on estimation, surmise and conjecture. Therefore, penalty u/s.271AAA should not be levied. Considering the above factual position

ACIT, New Delhi vs. M/S A.K. Services Pvt. Ltd., New Delhi

In the result, the appeals of the assessee are allowed whereas the appeal of the department is dismissed

ITA 5616/DEL/2013[2008-09]Status: DisposedITAT Delhi20 Mar 2017AY 2008-09

Bench: Sh. N. K. Saini, Am & Sh. Sudhanshu Srivastava, Jm Ita No. 4987/Del/2013 : Asstt. Year : 2006-07 Ita No. 4988/Del/2013 : Asstt. Year : 2007-08 Ita No. 4989/Del/2013 : Asstt. Year : 2008-09 A. K. Services Pvt. Ltd., Vs Deputy Commissioner Of Income Flat No. N, Sagar Apartment, 6, Tax, Central Circle-20, Tilak Marg, New Delhi-110001 New Delhi (Appellant) (Respondent) Pan No. Aabca1591L Ita No. 5616/Del/2013 : Asstt. Year : 2008-09 Deputy Commissioner Of Income Vs A. K. Services Pvt. Ltd., Tax, Central Circle-20, Flat No. N, Sagar Apartment, 6, New Delhi Tilak Marg, New Delhi-110001 (Appellant) (Respondent) Pan No. Aabca1591L Assessee By : Sh. Ved Jain, Adv., Sh. Ashish Chadha & Sh. Ashish Goel, Ca Revenue By : Sh. Ravi Jain, Cit Dr Date Of Hearing : 10.02.2017 Date Of Pronouncement : 20.03.2017 Order Per N. K. Saini, Am:

For Appellant: Sh. Ved Jain, Adv., Sh. Ashish Chadha &For Respondent: Sh. Ravi Jain, CIT DR
Section 132Section 133ASection 14ASection 153ASection 271(1)(c)Section 48

valid jurisdiction to make disallowance u/s 14A of the Act as the same is based on statutory provisions of the Act and non seized material is required for making such a disallowance. Having held so, I am also of the considered opinion that what can be taxed in the hands

M/S A.K. Services Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed whereas the appeal of the department is dismissed

ITA 4987/DEL/2013[2006-07]Status: DisposedITAT Delhi20 Mar 2017AY 2006-07

Bench: Sh. N. K. Saini, Am & Sh. Sudhanshu Srivastava, Jm Ita No. 4987/Del/2013 : Asstt. Year : 2006-07 Ita No. 4988/Del/2013 : Asstt. Year : 2007-08 Ita No. 4989/Del/2013 : Asstt. Year : 2008-09 A. K. Services Pvt. Ltd., Vs Deputy Commissioner Of Income Flat No. N, Sagar Apartment, 6, Tax, Central Circle-20, Tilak Marg, New Delhi-110001 New Delhi (Appellant) (Respondent) Pan No. Aabca1591L Ita No. 5616/Del/2013 : Asstt. Year : 2008-09 Deputy Commissioner Of Income Vs A. K. Services Pvt. Ltd., Tax, Central Circle-20, Flat No. N, Sagar Apartment, 6, New Delhi Tilak Marg, New Delhi-110001 (Appellant) (Respondent) Pan No. Aabca1591L Assessee By : Sh. Ved Jain, Adv., Sh. Ashish Chadha & Sh. Ashish Goel, Ca Revenue By : Sh. Ravi Jain, Cit Dr Date Of Hearing : 10.02.2017 Date Of Pronouncement : 20.03.2017 Order Per N. K. Saini, Am:

For Appellant: Sh. Ved Jain, Adv., Sh. Ashish Chadha &For Respondent: Sh. Ravi Jain, CIT DR
Section 132Section 133ASection 14ASection 153ASection 271(1)(c)Section 48

valid jurisdiction to make disallowance u/s 14A of the Act as the same is based on statutory provisions of the Act and non seized material is required for making such a disallowance. Having held so, I am also of the considered opinion that what can be taxed in the hands