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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

Binnaifer Kohli, Mumbai vs. ACIT CC 25, Mumbai

In the result, both the appeals of the assessee are allowed

ITA 4334/MUM/2014[2004-05]Status: DisposedITAT Mumbai24 Feb 2017AY 2004-05

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am श्री महाविर स िंग, न्याययक दस्य एििं श्री राजेश कुमार, ऱेखा दस्य के मक्ष Smt.Binnaifer Kohli, Asstt. Commissioner Of Income 1101-1106, Occean View Bldg., Tax, Cc-25, फनधभ/ Deccan Chs, Union Park, Mumbai. Vs. Khar (W), Mumbai-400052 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) Smt.Binnaifer Kohli, Asstt. Commissioner Of 1101-1106, Occean View Bldg., Income Tax, Cc-25, फनधभ/ Deccan Chs, Union Park, Mumbai. Vs. Khar (W), Mumbai-400052 स्थधमी रेखध सं./ Pan : Abwpn5134E (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) : अऩीरधथी की ओय से /Assessee By : Shri Vipul Joshi Ms.Keyuri Desai प्रत्मथी की ओय से/Revenue By : Shri N P Singh सुनवधई की तधयीख /Date Of Hearing : 7.2.2017 घोषणध की तधयीख /Date Of : 24. 2.2017 Pronouncement आदेश / O R D E R Per Rajesh Kumar, A. M: The Appeal Bearing Ita No.3832/Mum/2012 Filed By The Assessee Against The Order Dated 29.2.2012 Passed By The Ld.Cit(A), 39, Mumbai & The Appeal Bearing Ita No.4334/Mum/2014 Is Also Filed By The Assessee Against The Order Dated 3.3.2014 Passed By The Ld.Cit(A) Against The Penalty Imposed By The Ao U/S 271(1)( C ) Of The Act. Both The Appeals Pertain To The Assessment Year 2004-05. Since These Appeals Belong To The Same Assessee, They Are Clubbed Together, Heard Together & Are Being Decided By This Consolidated Order, For The Sake Of Convenience. 2. The Issue Raised In The First Grounds Of Appeal Is Against The Confirmation Of Addition Of Rs.23,78,000/- As Made By The Ao Under Section 68 Of The Income Tax Act, 1961 In The Assessment Framed Under Section 143(3) Read With Section 153A Of The Act Even Though There Was No Incriminating Material Or Evidence For Doubting The Genuineness Of The Gift Found Or Seized During The Course Of Search.

For Appellant: Shri Vipul JoshiFor Respondent: Shri N P Singh
Section 132Section 132(1)Section 139(1)Section 143(1)Section 143(3)Section 153ASection 271(1)Section 68

which is filed at page 11 of the paper book and therefore the addition as made by the AO without reference to any seized material was incorrect and void ab-initio. The ld. AR further relied on the decision of the Co-ordinate bench of the Tribunal in the case ... framing the assessment or the addition is made in the order passed under section 143(3) r.w.s.153A of the Act by referring to seized material and not otherwise. Further in the case of assessee’s husband I ITA No.3831/Mum/2012(supra), the co-ordinate Bench vide para

Binnaifer Kohli, Mumbai vs. Asst CIT CC 25, Mumbai

In the result, both the appeals of the assessee are allowed

ITA 3832/MUM/2012[2004-05]Status: DisposedITAT Mumbai24 Feb 2017AY 2004-05

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am श्री महाविर स िंग, न्याययक दस्य एििं श्री राजेश कुमार, ऱेखा दस्य के मक्ष Smt.Binnaifer Kohli, Asstt. Commissioner Of Income 1101-1106, Occean View Bldg., Tax, Cc-25, फनधभ/ Deccan Chs, Union Park, Mumbai. Vs. Khar (W), Mumbai-400052 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) Smt.Binnaifer Kohli, Asstt. Commissioner Of 1101-1106, Occean View Bldg., Income Tax, Cc-25, फनधभ/ Deccan Chs, Union Park, Mumbai. Vs. Khar (W), Mumbai-400052 स्थधमी रेखध सं./ Pan : Abwpn5134E (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) : अऩीरधथी की ओय से /Assessee By : Shri Vipul Joshi Ms.Keyuri Desai प्रत्मथी की ओय से/Revenue By : Shri N P Singh सुनवधई की तधयीख /Date Of Hearing : 7.2.2017 घोषणध की तधयीख /Date Of : 24. 2.2017 Pronouncement आदेश / O R D E R Per Rajesh Kumar, A. M: The Appeal Bearing Ita No.3832/Mum/2012 Filed By The Assessee Against The Order Dated 29.2.2012 Passed By The Ld.Cit(A), 39, Mumbai & The Appeal Bearing Ita No.4334/Mum/2014 Is Also Filed By The Assessee Against The Order Dated 3.3.2014 Passed By The Ld.Cit(A) Against The Penalty Imposed By The Ao U/S 271(1)( C ) Of The Act. Both The Appeals Pertain To The Assessment Year 2004-05. Since These Appeals Belong To The Same Assessee, They Are Clubbed Together, Heard Together & Are Being Decided By This Consolidated Order, For The Sake Of Convenience. 2. The Issue Raised In The First Grounds Of Appeal Is Against The Confirmation Of Addition Of Rs.23,78,000/- As Made By The Ao Under Section 68 Of The Income Tax Act, 1961 In The Assessment Framed Under Section 143(3) Read With Section 153A Of The Act Even Though There Was No Incriminating Material Or Evidence For Doubting The Genuineness Of The Gift Found Or Seized During The Course Of Search.

For Appellant: Shri Vipul JoshiFor Respondent: Shri N P Singh
Section 132Section 132(1)Section 139(1)Section 143(1)Section 143(3)Section 153ASection 271(1)Section 68

which is filed at page 11 of the paper book and therefore the addition as made by the AO without reference to any seized material was incorrect and void ab-initio. The ld. AR further relied on the decision of the Co-ordinate bench of the Tribunal in the case ... framing the assessment or the addition is made in the order passed under section 143(3) r.w.s.153A of the Act by referring to seized material and not otherwise. Further in the case of assessee’s husband I ITA No.3831/Mum/2012(supra), the co-ordinate Bench vide para

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

In the result, the appeals of the assessee are allowed and that of the department is dismissed

ITA 5615/DEL/2013[2002-03]Status: DisposedITAT Delhi08 Feb 2017AY 2002-03

Bench: Sh. N. K. Saini, Am & Sh. Sudhanshu Srivastava, Jm Ita No. 4985/Del/2013 : Asstt. Year : 2002-03 Ita No. 4986/Del/2013 : Asstt. Year : 2005-06 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. 5615/Del/2013 : Asstt. Year : 2002-03 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 Goel, Ca Revenue By : Sh. Ravi Jain, Cit Dr Date Of Hearing : 15.11.2016 Date Of Pronouncement : 08.02.2017 Order Per N. K. Saini, Am:

For Appellant: Sh. Ved Jain, Adv. & Sh. Ashish Goel, CAFor Respondent: Sh. Ravi Jain, CIT DR
Section 14ASection 153A

arrangers are common parties namely Shamli Steels and Chamunda Papers. It is further seen that even in this case there is no seized material on the basis of which any adverse inference could be drawn against the assessee regarding the impugned expenses incurred by it. The A.O. also has failed ... 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

A.K. Services Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed and that of the department is dismissed

ITA 4986/DEL/2013[2005-06]Status: DisposedITAT Delhi08 Feb 2017AY 2005-06

Bench: Sh. N. K. Saini, Am & Sh. Sudhanshu Srivastava, Jm Ita No. 4985/Del/2013 : Asstt. Year : 2002-03 Ita No. 4986/Del/2013 : Asstt. Year : 2005-06 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. 5615/Del/2013 : Asstt. Year : 2002-03 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 Goel, Ca Revenue By : Sh. Ravi Jain, Cit Dr Date Of Hearing : 15.11.2016 Date Of Pronouncement : 08.02.2017 Order Per N. K. Saini, Am:

For Appellant: Sh. Ved Jain, Adv. & Sh. Ashish Goel, CAFor Respondent: Sh. Ravi Jain, CIT DR
Section 14ASection 153A

arrangers are common parties namely Shamli Steels and Chamunda Papers. It is further seen that even in this case there is no seized material on the basis of which any adverse inference could be drawn against the assessee regarding the impugned expenses incurred by it. The A.O. also has failed ... 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

A.K. Services Private Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed and that of the department is dismissed

ITA 4985/DEL/2013[2002-03]Status: DisposedITAT Delhi08 Feb 2017AY 2002-03

Bench: Sh. N. K. Saini, Am & Sh. Sudhanshu Srivastava, Jm Ita No. 4985/Del/2013 : Asstt. Year : 2002-03 Ita No. 4986/Del/2013 : Asstt. Year : 2005-06 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. 5615/Del/2013 : Asstt. Year : 2002-03 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 Goel, Ca Revenue By : Sh. Ravi Jain, Cit Dr Date Of Hearing : 15.11.2016 Date Of Pronouncement : 08.02.2017 Order Per N. K. Saini, Am:

For Appellant: Sh. Ved Jain, Adv. & Sh. Ashish Goel, CAFor Respondent: Sh. Ravi Jain, CIT DR
Section 14ASection 153A

arrangers are common parties namely Shamli Steels and Chamunda Papers. It is further seen that even in this case there is no seized material on the basis of which any adverse inference could be drawn against the assessee regarding the impugned expenses incurred by it. The A.O. also has failed ... 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