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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

DCIT Cen Cir 8(1), Mumbai vs. Ramakant Gaggar, Mumbai

In the result, the appeals of the revenue are dismissed

ITA 1287/MUM/2015[2006-07]Status: DisposedITAT Mumbai21 Dec 2016AY 2006-07

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. Nos.1287 To 1290/Mum/2015 (ननधधारण वषा / Assessment Years : 2006-07 To 2009-10) Dy. Commissioner Of Income Vs. Shri Ramakant Gaggar Tax- Central Circle-8(1), 302, Gaurav Aprt, Room No.656, 6Th Floor, Gokuldham, Aayakar Bhavan, Goreaon (E), M K Road, Mumbai-400063 Mumbai-400020 अऩीराथी /Appellant प्रत्मथी /Respondent .. स्थधयी ऱेखध सं./Pan :Abkpg9952C अऩीराथी की ओय से / Appellant By : Santanu Kr.Saikia प्रत्मथी की ओय से/Respondent By : Shri Vijay Mehta सुनवाई की तायीख /Date Of Hearing : 8.11.2016 घोषणा की तायीख /Date Of Pronouncement : 21.12.2016 आदेश/O R D E R Per Rajesh Kumar: These Are Four Appeals Filed By The Revenue & Directed Against The Orders Dated 12.12.2014 For The Assessment Year 2006-07 & Order Dated 02.12.2014 For The Assessment Years 2007-08 To 2009-10 Respectively Passed By The Ld.Cit(A), Mumbai. Since These Appeals Are Filed Against The Same Assessee & The Issues Involved Therein Are Common & Therefore For The Sake Of Convenience & Brevity, These Appeals Were Clubbed Together, Heard Together & Are Being Decided By This Consolidated Order.

For Appellant: Santanu KR.SaikiaFor Respondent: Shri Vijay Mehta
Section 143(3)Section 153ASection 153CSection 254(1)

ld.AR drew our attention to a jurisdictional issue that the AO has no jurisdiction to make the additions except on the basis of seized materials because the assessment in all the four years had attained finality on the date of search and therefore ,the AO had no authority under ... assessment which have attained finality on the date of search cannot be disturbed except on the basis of seized materials and not otherwise. The Ld counsel of the assessee vehemently submitted that in respect of assessments which are complete and attained finality on the date of search, the jurisdiction

DCIT Cen Cir 8(1), Mumbai vs. Indra Gaggar, Mumbai

In the result, all the appeals of the Revenue are dismissed

ITA 808/MUM/2015[2006-07]Status: DisposedITAT Mumbai30 Nov 2016AY 2006-07

Bench: Shri Rajendra & Shri C.N. Prasadआयकर अपील सं./Ita Nos.808, 1295, 1294, 1296 & 809/M/2015 आयकर अपील सं आयकर अपील सं आयकर अपील सं (िनधा"रण वष" िनधा"रण वष" / Assessment Years: 2006-07, 2007-08, 2008-09, 2009-10 & 2011-12) िनधा"रण वष" िनधा"रण वष" Dcit Cen Cir 8(1), Smt. Indra Gaggar, R.No.656, 6Th Floor, 41-42, 4Th Floor, Aayakar Bhavan, Gaurav Extension, M.K. Road, Film City Road., बनाम/Vs. बनाम बनाम बनाम Mumbai – 400 020 Gokuldham, Goregaon (East), Mumbai – 400 063 Pan: Afxpg3889B (अपीलाथ% अपीलाथ%/Appellant) ("&यथ% "&यथ%/Respondent) अपीलाथ% अपीलाथ% "&यथ% "&यथ% Present For: Assessee By : Shri Anuj Kisnadwala, A.R. Revenue By : Shri P. Ghosh, D.R. सुनवाई क' तारीख/Date Of Hearing : 15.11.2016 सुनवाई क' तारीख सुनवाई क' तारीख सुनवाई क' तारीख घोषणा क' तारीख /Date Of Pronouncement : 30.11.2016 घोषणा क' तारीख घोषणा क' तारीख घोषणा क' तारीख आदेश / O R D E R Per Bench:

For Appellant: Shri Anuj Kisnadwala, A.RFor Respondent: Shri P. Ghosh, D.R
Section 132Section 139(1)Section 143(3)Section 153ASection 27Section 31Section 68

factually not correct. 3. The Ld. D.R. submits that the Ld. CIT(A) rejected the appeal of the assessee holding that there is seized material found and therefore the assessments were abated. However, the Ld. CIT(A) deleted the additions under section 68 on merits. 4. On hearing both ... addition made under section 68 of the Act in these two assessment years. There is nothing mentioned by the Ld. CIT(A) about the seized materials and how it leads to the additions made under section 68 of the Act in these two assessment years. It is an admitted fact

Ramesh Sumermal Shah, Mumbai vs. DCIT Cir 36, Mumbai

In the result, appeal filed by the assessee is allowed

ITA 414/MUM/2010[2001-02]Status: DisposedITAT Mumbai28 Nov 2016AY 2001-02

Bench: Shri Saktijit Dey & Shri Rajesh Kumarसर्वश्री सक्तिक्िि डे, न्याययक सदस्य एवुं रािेश कुमार, ऱेखा सदस्य आमकय अऩीर सं./I.T.A. No.414/Mum/2010 (यनधावरण र्र्व / Assessment Years : 2001-02) Shri Ramesh Sumermal Shah, बनाम/ Dy. Commissioner Of Income Tax 220, Commerce House, Circle 36, Vs. 140 N M Road, Fort, 11/43, Ground Floor, Aayakar Bhavan, Mumbai-400023 M K Road, Mumbai-400020 स्थायी ऱेखा सं./ Pan : Aagps9863H (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. अऩीराथी की ओय से/Appellant By : Shri Nishit Gandhi प्रत्मथी की ओय से/ Respondent By : Shri Prawin Kumar सुनवाई की तायीख / Date Of Hearing :28.4.2016 घोषणा की तायीख /Date Of Pronouncement :28 .11.2016 आदेश / O R D E R Per Rajesh Kumarthis Is An Appeal By The Assessee Against Order Dated 13/11/2009 Of Ld. Cit(Appeals)-41 Mumbai For The Assessment Year 2001-02 Passed Against The Assessment Framed By The Ao U/S 143(3) R.W.S. 153A Of The Income Tax Act (Hereinafter Called The Act). 2. The Grounds Raised By The Assessee Are As Under:- “On The Facts & In The Circumstances Of The Case He Ld. Cit(A) Has Erred In Law In Confirming The Addition Of Rs.2,25,00,000/- Made By The Ao On Disbelieving Gift Received By The Appellant”

For Appellant: Shri Nishit GandhiFor Respondent: Shri Prawin Kumar
Section 132Section 139Section 143(2)Section 143(3)Section 153ASection 68

case of completed assessment which are not pending on the date of search, the addition could only be made on the basis of seized material and not otherwise. In the present case, the assessee filed return of income was filed 31.7.2001 and no notice ... gift was duly shown by the assessee in the return of income originally filed u/s 139 of the Act. After examining the punchanama and seized materials, we find that no incriminating material qua the said gift was found by the search team during the course of search and find merit

Sachin Cotspin Ltd, Mumbai vs. CIT (A)-9, Mumbai

Appeal is allowed for statistical purposes

ITA 5049/MUM/2015[2005-06]Status: DisposedITAT Mumbai23 Nov 2016AY 2005-06

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आमकय अऩीर सं./I.T.A. No. 5049/Mum/2015 (नििाारण वषा / Assessment Year: 2005-06) Sachin Cotspin Ltd. Income Tax Officer Ward -4 (3) (4) (Now Iss International Ltd.) 604, Shah & Nahar Aayakar Bhavan, बिाम/ Industrial Estate M.K.Road Vs. Dr. E.Moses Road Mumbai Worli, Naka Mumbai -400 018 स्थामी रेखा सं./जीआइआय सं ./Pan/Gir No. Aadcs1025P (अऩीराथी /Appellant) (प्रत्मथी / Respondent) : अऩीराथी की ओय से / Appellant By : None प्रत्मथी की ओय से/Respondent By : Shri K.C.Kanojia, Dr सुनवाई की िायीख / : 26/10/2016 Date Of Hearing घोषणा की िायीख / : 23/11/2016 Date Of Pronouncement आदेश / O R D E R Per Manoj Kumar Aggarwal () 1. The Captioned Appeal By Assessee For Assessment Year [Ay] 2005-06 Assails The Order Of The Commissioner Of Income Tax (Appeals)-9 [Cit(A)], Mumbai Dated 31/07/2015 On Merits As Well As On Violation Of Principles Of Natural Justice.

For Appellant: NoneFor Respondent: Shri K.C.Kanojia, DR
Section 132Section 133(6)Section 148Section 69

same were not reflected in the assessee’s books of the accounts. The assessee has denied having entered into such transactions. The seized material has been used against the assessee and form the basis of impugned additions. It is not clearly discernible from the Assessment order that whether the adverse