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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

Ramesh D Shah, Mumbai vs. Asst CIT Cen Cir 35, Mumbai

In the result, the appeal of the assessee is allowed

ITA 5179/MUM/2012[2004-05]Status: DisposedITAT Mumbai14 Oct 2016AY 2004-05

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आयकर अपीऱ सं./I.T.A. No.5179/Mum/2012 (ननधधारण वषा / Assessment Years : 2004-05) M/S Ramesh D Shah, बनधम/ The Asstt. Commissioner Of 142, Andheri Industrial Estate, Income Tax. Cc -35, Vs. Off Veera Desai Road, Room No.103, Aayakar Bhavan, Andheri (W), M K Road, Mumbai-400053 Mumbai-400 020 स्थधयी ऱेखध सं./ Pan :Aacps9581N अपीऱार्थी ओर से / Assessee By Shri Vijay Mehta प्रत्यर्थी की ओर से/Revenue By Shri B S Bist सुनवाई की तारीख / Date Of Hearing : 19.9.2016 घोषणा की तारीख /Date Of Pronouncement :14.10.2016 आदेश / O R D E R Per Rajesh Kumar, Am This Is An Appeal Filed By The Assessee Challenging The Order Dated 3.07.2012 Passed By The Ld.Cit(A)-41, Mumbai Upholding The Penalty Imposed U/S 271 (1)(C) R.W.S274 Of The Income Tax Act, 1961 Which Pertains To Assessment Year 2004-05. 2. The Issue Raised Is Against The Upholding The Penalty On An Income Of Rs.18,50,000/- By The Ld.Cit(A) As Imposed By The Assessing Officer U/S 271(1)

Section 132Section 132(4)Section 143(3)Section 153ASection 271Section 271(1)Section 271(1)(c)

concealed income by filing inaccurate particulars of income in 6 respect of an amount of Rs.18,50,000/- being undisclosed income as per seized material titled as Annexure A/2 pages, 16 and 17 which is related to payment made to Bajrang and M/s M M Industries during current financial year ... possession of assessee - 7 Assessee had drawn cash flow statement for entire period of six years in order to determine undisclosed income based on seized material for each of six assessment years - Whether penalty under section 271(1)(c) cannot be imposed by invoking Explanation 5 in assessment year