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“seized material”

Search & SeizureSection 153ASection 153A12,214 judgments

The decision most relied on for seized material is Pr. CIT v. Abhisar Buildwell (P.) Ltd. (149 Taxmann.com 399), cited in 2,379 judgments on BharatTax.

Leading authorities on seized material

Pr. CIT v. Abhisar Buildwell (P.) Ltd.
149 Taxmann.com 399 · 2023 · Supreme Court
2,379
citing judgments

No income can be quantified or disallowance made under Section 153A of the Income-tax Act unless it is justified on the basis of material seized during the course of the search.

CIT v. Calcutta Knitwears
362 ITR 673 · 2014 · Supreme Court
528
citing judgments

For initiating proceedings under Section 153C, the Assessing Officer of the searched person must record a satisfaction that seized material pertains to a third party, and the Assessing Officer of that third party must also record satisfaction that the material has a nexus to undisclosed income.

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.

CIT v. Murli Agro Products Ltd.
49 Taxmann.com 172 · 2014 · High Court
331
citing judgments

In assessments under Section 153A, additions for unabated assessment years are permissible only if based on seized or incriminating material discovered during the search.

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.

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.

Judgments citing seized material

Sapphire Reclaim Rubber Private Limited, Shapar, Rajkot vs. The Principal Commissioner of Income Tax -1, Rajkot

In the result, appeal filed by the Assessee is rejected

ITA 272/RJT/2024[2014-15]Status: DisposedITAT Rajkot28 Oct 2025AY 2014-15

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 272/Rjt/2024 ("नधा"रणवष" / Assessment Year: (2014-15) (Hybrid Hearing) Sapphire Reclaim Rubber Pvt. Ltd. Vs. The Principal Commissioner Of Bhoomi Industrial Area, Plot No: Income Tax-1, 2Nd Floor Aayakar Bhawan, Race 1/44, National Highway 27, Veraval (Shapar), Course Ring Road, Rajkot - 360311 Rajkot Gujarat - 361006 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aapcs6205B (Appellant) (Respondent) Appellant By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Sanjay Punglia, Ld. Sr. (Dr) Date Of Hearing : 30/07/2025 Date Of Pronouncement : 28/10/2025

For Appellant: Shri Vimal Desai, Ld. ARFor Respondent: Shri Sanjay Punglia, Ld. Sr. (DR)
Section 115BSection 132Section 133ASection 147Section 148Section 263Section 69A

received unaccounted payments Sh. Chetanbhai Haribhai Bhalodiya. Sh. Chetan Bhalodiya identified beneficiaries and the cash payments made to them. On the basis of seized material and his statements recorded on various dates, the beneficiaries were identified, to whom Sh. Chetan Bhalodiya has given cash. Sh. Chetan Bhalodiya, in his statement ... under: - Returned Income Rs. Nil Assessed Income Rs Nil” That the Ld. PCIT has observed in the order dated 28.03.2024 “on the basis of seized material and his statements recorded on various dates, the beneficiaries were identified, to whom Sh. Chetan Bhalodiya has given cash. Sh. Chetan Bhalodiya

Chungath Varghese Sunny, Coimbatore vs. DCIT, CC-3(3), Chennai

ITA 1808/CHNY/2025[2019-20]Status: DisposedITAT Chennai28 Oct 2025AY 2019-20

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.:1801 To 1805/Chny/2025 & 1806 To 1810/Chny/2025 निर्धारण वर्ष / Assessment Years: 2017-18 To 2021 -22 & 2017-18 To 2021-22 Chungath Varghese Sunny, 275-276, Cross Cut Road, Gandhipuram, Coimbatore – 641 012. [Pan:Ageps-1475-K] (अपीलार्थी/Appellant) Vs. Dcit, Central Circle -3(3), Chennai. (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By : Shri. S. Sridhar, Advocate (Erode) प्रत्यर्थी की ओर से /Respondent By : Shri. Shiva Srinivas, Cit सुनवाई की तारीख/Date Of Hearing : 17.09.2025 घोषणा की तारीख/Date Of Pronouncement : 28.10.2025 आदेश /O R D E R Per Bench: These Ten Appeals Of The Assessee Are Directed Against The Different Orders Of The Learned Commissioner Of Income Tax (Appeals), Chennai 20 [Hereinafter Referred To As The “Id.Cit(A)”] Arising Out Of The Orders Passed By The Deputy Commissioner Of Income Tax, Central Circle – 3(3), Chennai [Hereinafter Referred To As The “Ao”], U/S.153C R.W.S 143(3)/143(3)/270A Of The Income-Tax Act, 1961 [Hereinafter Referred To As The “Act”] For The Assessment Years (“Ay/Ays”) 2017-18 To 2021-22. These Appeals Bearing Ita Nos.1801 To 1805/Chny/2025 Pertain To The Assessment Orders Passed U/S.153C R.W.S.143(3)/143(3) Of The Act, Whereas The Appeals Bearing Ita Nos.1806 To 1810/Chny/2025 Pertain To The Penalty Orders Passed U/S.270A Of The Act. 2. Since The Issues Involved In All The Five Assessment Years Under Consideration Are Identical In Nature & The Arguments Advanced By Both The Parties Are Common, All These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience & Brevity. We Shall First Address The Quantum Assessments.

For Appellant: Shri. S. Sridhar, Advocate (Erode)For Respondent: Shri. Shiva Srinivas, CIT
Section 131Section 132Section 132(4)Section 143(2)Section 153CSection 270A

made unaccounted purchases of gold from MJPL. 10. Further, in his sworn statement recorded on 11.11.2020, Shri Suresh Khatri was confronted with the seized materials and was specifically questioned regarding the unaccounted sales made by MJPL to the assessee. He categorically admitted that unaccounted sales had been effected