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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

Swaty Mehta, Delhi vs. Assistant Commissioner of Income Tax, Central Circle-17, Delhi

In the result, the appeals of the assessees are partly allowed as

ITA 2551/DEL/2023[2017-18]Status: DisposedITAT Delhi27 Oct 2025AY 2017-18

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A No.2549/Del/2023 िनधा"रणवष"/Assessment Year:2017-18 बनाम Sonia Mehta Acit, 97, Eastern Avenue, Sainik Farms, Vs. E-2, Central Circle-17, Delhi. Ara Centre, Pan No.Acapm1777A Jhandewalan Extn., New Delhi. अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.2551/Del/2023 िनधा"रणवष"/Assessment Year:2017-18 बनाम Swaty Mehta Acit, 97, Eastern Avenue, Sainik Farms, Vs. E-2, Central Circle-17, Delhi. Ara Centre, Pan No.Acapm1777A Jhandewalan Extn., New Delhi. अपीलाथ" Appellant ""यथ"/Respondent

Section 153D

fully aware of the progress of the assessment proceedings, the relevant issues concerning different assessee, and the nature and content of the seized material. The said guidelines explicitly emphasize the close coordination required in search and seizure assessments. Therefore, it is reasonable to conclude that, in accordance with prevailing administrative ... F.No.286/161/2006-IT(Inv.II). She particularly referred to Paragraph 1.3 and argued that the Range Head i.e., Additional CIT/JCIT is involved in scrutinizing the seized material and issuance of notices under Section 153A, 153C and 148 of the Act and also where assessment in other than the searched person

Sonia Mehta, Delhi vs. Assistant Commissioner of Income Tax, Central Circle-17, Delhi

In the result, the appeals of the assessees are partly allowed as

ITA 2549/DEL/2023[2017-18]Status: DisposedITAT Delhi27 Oct 2025AY 2017-18

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A No.2549/Del/2023 िनधा"रणवष"/Assessment Year:2017-18 बनाम Sonia Mehta Acit, 97, Eastern Avenue, Sainik Farms, Vs. E-2, Central Circle-17, Delhi. Ara Centre, Pan No.Acapm1777A Jhandewalan Extn., New Delhi. अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.2551/Del/2023 िनधा"रणवष"/Assessment Year:2017-18 बनाम Swaty Mehta Acit, 97, Eastern Avenue, Sainik Farms, Vs. E-2, Central Circle-17, Delhi. Ara Centre, Pan No.Acapm1777A Jhandewalan Extn., New Delhi. अपीलाथ" Appellant ""यथ"/Respondent

Section 153D

fully aware of the progress of the assessment proceedings, the relevant issues concerning different assessee, and the nature and content of the seized material. The said guidelines explicitly emphasize the close coordination required in search and seizure assessments. Therefore, it is reasonable to conclude that, in accordance with prevailing administrative ... F.No.286/161/2006-IT(Inv.II). She particularly referred to Paragraph 1.3 and argued that the Range Head i.e., Additional CIT/JCIT is involved in scrutinizing the seized material and issuance of notices under Section 153A, 153C and 148 of the Act and also where assessment in other than the searched person

Hemant Naresh Agarwal, Surat vs. Assistant Commissioner of Income Tax, Central Cir. 4, Surat

In the result, appeal of assessee is dismissed

ITA 170/SRT/2023[2020-21]Status: DisposedITAT Surat24 Oct 2025AY 2020-21

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआ.(खो और ज).सं /It(Ss)A No.68 & 70/Srt/2023 Assessment Years: 2015-16 & 2018-19 (Physical Court Hearing) Deputy Commissioner Of Hemant Naresh Agarwal बनाम/ Income-Tax, Central Circle-4, 701, Shree Shyam Awas, Bhatar Vs. Surat Room No.508, 5Th Floor, Road, Near Vidhya Bharti School, Aayakar Bhawan, Majura Surat-395 010 Gate, Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Auppa 9003 J (अपीलाथ"/Appellant) (""थ" /Respondent) आयकर अपील सं./Ita.No.170/Srt/2023 Assessment Year: 2020-21 Hemant Naresh Agarwal Assistant Commissioner Of बनाम/ 701, Shree Shyam Awas, Bhatar Income-Tax, Central Circle-4, Vs. Road, Near Vidhya Bharti School, Surat, Aaykar Bhawan, Surat-395 010 Majura Gate, Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Auppa 9003 J (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By Shri Kiran K. Shah राज" की ओर से /Revenue By Shri Mukesh Jain, Cit-Dr & Shri Kevin Langaliya, Ca सुनवाई की तारीख/Date Of Hearing 18/09/2025 उद्घोषणा की तारीख/Date Of Pronouncement 24/10/2025

Section 143(3)Section 250Section 292CSection 69

question of payment of ‘on-money’ despite the fact that the distribution was made as per the value of flats evident from the seized materials found during the course of the search proceedings in which the value of the flats were mentioned at Rs.6,28,68,218/- and to that ... justified unless there is specific material of actual receipt of “on-money” of that particular flat / shop. No addition is justified by extrapolating the seized material. No addition is also justified by adopting a particular rate of booking of a particular shop in the project for rest of the shops

Sri Prem Properties Private Limited, Gurgaon vs. ACIT, Circle-24(1), New Delhi, Delhi

In the result, appeal filed by the assessee is allowed

ITA 957/DEL/2024[2012-13]Status: DisposedITAT Delhi24 Oct 2025AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.Sri Prem Properties Private Limited, Vs. Acit, Circle 24 (1), A – 99, Bajghera Chowk, Delhi. New Palam Vihar, Gurgaon – 122 017 (Haryana). (Pan :Aaacs2554E) (Appellant) (Respondent) Assessee By : Dr. Rakesh Gupta, Advocate Shri Skasham Agarwal, Ca Shri Deepesh Garg, Advocate Revenue By : Ms. Kirti Sankratyayan, Cit Dr Date Of Hearing : 01.09.2025 Date Of Order : 24.10.2025 Order Per S. Rifaur Rahman: 1. This Appeal Preferred By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income-Tax (Appeals)-23, New Delhi [For Short ‘Ld. Cit (A)]Dated 04.01.2024 For Assessment Year 2012-13. 2. Brief Facts Of The Case Are, Assessee Filed Its Original Return Of Income On 30.09.2012 Declaring An Income Of Rs.2,15,340/-. The Case Of The Assessee Was Selected For Scrutiny For The Year Under Consideration.

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Ms. Kirti Sankratyayan, CIT DR
Section 132Section 147Section 148

that similar forfeiture was made by the assessee company. It is not clear from the assessment order whether the investigation wing has forwarded any seized material found from the group company or just their observations from the materials found during the search in the case of Brisk Infrastructure. From ... recording of the reasons by the present AO shows that he has only received the information without there being any seized material. It is also relevant to note that the present AY being unabated, the AO must have initiated proceedings u/s 153C, since there was no material forwarded

Kailash Gahlot, New Delhi vs. DCIT, Central Circle-4, New Delhi

In the result, the appeal of the assessee is partly allowed as above

ITA 3431/DEL/2023[2015-16]Status: DisposedITAT Delhi24 Oct 2025AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Avdhesh Kumar Mishraita No.3431/Del./2023, A.Y. 2015-16 Kailash Gahlot Deputy Commissioner Of C-6/6172, Vasant Kunj, Income Tax, New Delhi Vs. Central Circle-4, Pan: Aajpg2849N New Delhi (Appellant) (Respondent) Appellant By Sh. Vinod Kumar Bindal, Ca Sh. Anmol Jha, Advocate Respondent By Sh. Dayainder Singh Sidhu, Cit-Dr Date Of Hearing 28/07/2025 Date Of Pronouncement 24/10/2025 Order Per Avdhesh Kumar Mishra, Am This Appeal Of The Assessee For Assessment Year (‘Ay’) 2015-16 Is Directed Against The Order Dated 30.09.2023 Of The Commissioner Of Income Tax (Appeals)-23, New Delhi [‘Cit(A)’].

Section 115BSection 132(4)Section 153DSection 69C

other hand, the Ld. CIT-DR defended orders of the Authorities below. The Ld. CIT-DR argued that the assessment based on seized material clearly demonstrated the application of mind not only by the Ld. AO but also by the Ld. Range Head, who approved the said assessment order under ... consultative approach between the AO and the Range Head in search and seizure assessments: “Para 1.3 On receipt of the appraisal report and seized material, the Assessing Officer and Range Head should jointly scrutinize the appraisal report and seized material and prepare an Examination Note to decide: i. Cases where

DCIT, Central Circle-14, Delhi vs. Parveen Aggarwal, Gurgaon

Accordingly the same are hereby upheld. Grounds of appeal Nos. 1 & 2 raised by the Revenue are dismissed

ITA 197/DEL/2023[2012-13]Status: DisposedITAT Delhi24 Oct 2025AY 2012-13

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2012-13] Parveen Aggarwal, Vs Acit, Ma-1/7, 3D, Garden Central Circle-14, Estate, M.G.Road, Gurgaon New Delhi Haryana-122002. Pan-Aahpa0660R Appellant Respondent [Assessment Year : 2012-13] Dcit, Vs Parveen Aggarwal, Central Circle-14, Ma-1/7, 3D, Garden New Delhi Estate, M.G.Road, Gurgaon, Haryana-122002. Pan-Aahpa0660R Appellant Respondent Assessee By Shri K.Sampath, Adv. & Shri V.Rajkumar, Adv. Revenue By Ms. Pooja Swaroop, Cit Dr Date Of Hearing 29.07.2025 Date Of Pronouncement 24.10.2025 Order Per Manish Agarwal, Am : The Captioned Cross-Appeals Are Filed By The Assessee & The Revenue Against The Order Of Ld. Commissioner Of Income Tax (A)- 27, New Delhi [“Ld. Cit(A)”] Dated 28.11.2022 In Appeal No. Cit(A), Delhi-27/10482/2019-20 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dt. 31.12.2019 Passed U/S 143(3) R.W.S. 147 Of The Act Pertaining To Assessment Year 2012-13. Ita Nos.178 & 197/Del/2023

Section 143(3)Section 147Section 148Section 250

account were not examined during the course of assessment proceedings completed u/s 153C of the Act where the assessment was confined only to the seized material found during the course of search. In this regard, the observations made by Ld. CIT(A) as contained in para

Parveen Aggarwal, Gurgaon vs. ACIT Central Circle-14, New Delhi

Accordingly the same are hereby upheld. Grounds of appeal Nos. 1 & 2 raised by the Revenue are dismissed

ITA 178/DEL/2023[2012-13]Status: DisposedITAT Delhi24 Oct 2025AY 2012-13

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2012-13] Parveen Aggarwal, Vs Acit, Ma-1/7, 3D, Garden Central Circle-14, Estate, M.G.Road, Gurgaon New Delhi Haryana-122002. Pan-Aahpa0660R Appellant Respondent [Assessment Year : 2012-13] Dcit, Vs Parveen Aggarwal, Central Circle-14, Ma-1/7, 3D, Garden New Delhi Estate, M.G.Road, Gurgaon, Haryana-122002. Pan-Aahpa0660R Appellant Respondent Assessee By Shri K.Sampath, Adv. & Shri V.Rajkumar, Adv. Revenue By Ms. Pooja Swaroop, Cit Dr Date Of Hearing 29.07.2025 Date Of Pronouncement 24.10.2025 Order Per Manish Agarwal, Am : The Captioned Cross-Appeals Are Filed By The Assessee & The Revenue Against The Order Of Ld. Commissioner Of Income Tax (A)- 27, New Delhi [“Ld. Cit(A)”] Dated 28.11.2022 In Appeal No. Cit(A), Delhi-27/10482/2019-20 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dt. 31.12.2019 Passed U/S 143(3) R.W.S. 147 Of The Act Pertaining To Assessment Year 2012-13. Ita Nos.178 & 197/Del/2023

Section 143(3)Section 147Section 148Section 250

account were not examined during the course of assessment proceedings completed u/s 153C of the Act where the assessment was confined only to the seized material found during the course of search. In this regard, the observations made by Ld. CIT(A) as contained in para

DCIT Central Circle-31, New Delhi vs. Parv Bansal As L/H of Late Anil Kumar Bansal, New Delhi

Accordingly, Ground of appeal No.6 raised by the assessee is partly allowed

ITA 1739/DEL/2023[2012-13]Status: DisposedITAT Delhi24 Oct 2025AY 2012-13

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2012-13] Parv Bansal Vs Dcit L/H Of Late Shri Anil Kumar Central Circle-31 Bansal, 208, 2Nd Floor, S-524 New Delhi Vikas Marg Shakarpur, New Delhi-110092. Pan-Aafpb2542K Appellant Respondent [Assessment Year : 2012-13] Dcit Vs Parv Bansal Central Circle-31 L/H Of Late Shri Anil Kumar New Delhi Bansal, 208, 2Nd Floor, S-524 Vikas Marg Shakarpur, New Delhi-110092. Pan-Aafpb2542K Appellant Respondent Assessee By Dr. Rakesh Gupta, Adv, Shri Deepesh Garg, Adv. Shri Shrey Jain, Adv. & Shri Saksham Agarwal, Ca Revenue By Ms. Pooja Swaroop, Cit Dr & Shri Rajesh Kumar Dhanesta, Sr.Dr Date Of Hearing 30.07.2025 Date Of Pronouncement 24.10.2025 Order

Section 133ASection 143(2)Section 143(3)Section 154Section 250Section 254Section 68

restored back the remaining issues to the file of AO where the additions were made towards the entries found noted in the seized material. The ITAT also issued certain directions to the AO for the computation of income based on the entries in the seized material. Thereafter the AO proceeded ... indicate that income of the assessee should be computed only to the extent of the cash ITA No.1057 & 1739/Del/2023 advances found noted in the seized material by preparing a fund flow statement where the peak balance be taken as the income. The assessee in this regard filed peak working alongwith

Parv Bansal L/H of Late Sh. Anil Kumar Bansal, New Delhi vs. DCIT Central Circle 31, New Delhi

Accordingly, Ground of appeal No.6 raised by the assessee is partly allowed

ITA 1057/DEL/2023[2012-13]Status: DisposedITAT Delhi24 Oct 2025AY 2012-13

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2012-13] Parv Bansal Vs Dcit L/H Of Late Shri Anil Kumar Central Circle-31 Bansal, 208, 2Nd Floor, S-524 New Delhi Vikas Marg Shakarpur, New Delhi-110092. Pan-Aafpb2542K Appellant Respondent [Assessment Year : 2012-13] Dcit Vs Parv Bansal Central Circle-31 L/H Of Late Shri Anil Kumar New Delhi Bansal, 208, 2Nd Floor, S-524 Vikas Marg Shakarpur, New Delhi-110092. Pan-Aafpb2542K Appellant Respondent Assessee By Dr. Rakesh Gupta, Adv, Shri Deepesh Garg, Adv. Shri Shrey Jain, Adv. & Shri Saksham Agarwal, Ca Revenue By Ms. Pooja Swaroop, Cit Dr & Shri Rajesh Kumar Dhanesta, Sr.Dr Date Of Hearing 30.07.2025 Date Of Pronouncement 24.10.2025 Order

Section 133ASection 143(2)Section 143(3)Section 154Section 250Section 254Section 68

restored back the remaining issues to the file of AO where the additions were made towards the entries found noted in the seized material. The ITAT also issued certain directions to the AO for the computation of income based on the entries in the seized material. Thereafter the AO proceeded ... indicate that income of the assessee should be computed only to the extent of the cash ITA No.1057 & 1739/Del/2023 advances found noted in the seized material by preparing a fund flow statement where the peak balance be taken as the income. The assessee in this regard filed peak working alongwith