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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

Naman Vidyapati Patel, Ahmedabad vs. The Pr.CIT, Central, Ahmedabad

In the result, the appeal of the assessee stands allowed

ITA 1008/AHD/2025[2021-22]Status: DisposedITAT Ahmedabad25 Sept 2025AY 2021-22

Bench: Shri Sanjay Garg & Annapurna Guptaआयकर अपील सं /Ita No.1008/Ahd/2025 िनधा"रण वष" /Assessment Year : 2021-22 Naman Vidyapati Patel The Pr.Cit (Central) बनाम/ M/S.Markettic Ahmedabad – 380 009 V/S. Mahalaxmi Compound Opp. Rustom Mills Dudheshwar Road Ahmedabad – 380 004 "थायी लेखा सं./Pan: Acopp 9233 C (अपीलाथ(/ Appellant) ()* यथ(/ Respondent) Assessee By : Shri S.N.Divatia, Ar & Shri Samir Vora, Ar Revenue By : Shri Alpesh Parmar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 30/07/2025 घोषणा की तारीख /Date Of Pronouncement: 25/09/2025 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Preferred By The Assessee Is Against The Order Of Learned Principal Commissioner Of Income-Tax (Central), Ahmedabad [Hereinafter Referred To As “Ld. Pcit” For Short] Dated 27/03/2025 Passed In Exercise Of His Revision Jurisdiction Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short] For Assessment Year (Ay) 2021-22. Naman Vidyapati Patel Vs. The Pr.Cit Central Asst. Year : 2021-22

For Appellant: Shri S.N.Divatia, AR &For Respondent: Shri Alpesh Parmar, CIT-DR
Section 143(3)Section 263

gone through the record. A perusal of the impugned order of the Ld.PCIT woud reveal that the Ld.PCIT has mainly stressed that from the seized material, it was found that the assessee had received cash component Naman Vidyapati Patel vs. The Pr.CIT Central Asst. Year : 2021-22 of Rs.1.92 crores

Aranya Infrastructure Pvt Ltd, Delhi vs. ITO Ward-30, Delhi

ITA 3205/DEL/2025[2020-21]Status: DisposedITAT Delhi25 Sept 2025AY 2020-21

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 3204/Del/2025 : Asstt. Year : 2018-19 Ita No. 3205/Del/2025 : Asstt. Year : 2020-21 M/S Aranya Infrastructure Pvt. Ltd. Vs Commissioner Of Income 102, Nirmal Tower, Bara Khamba Tax (Appeal)-30, Ara Road, New Delhi-110001 Centre, Jhandewalan, New Delhi-110055 (Appellant) (Respondent) Pan No. Aakca6000B Assessee By : None Revenue By : Sh. Dayainder Singh Sidhu, Cit-Dr Date Of Hearing: 25.09.2025 Date Of Pronouncement: 25.09.2025 Order Per Satbeer Singh Godara: These Assessee’S Twin Appeals In Ita Nos. 3204 & 3205/Del/2025 For Assessment Years 2018-19 & 2020-21, Arise Against The Cit(A)-30, New Delhi’S Din & Order No. Itba/Apl/M/250/2024-25/1074347079(1) & 1074347258(1) Dated 11.03.2025, In Proceedings U/S 153C R.W.S. 143(3) Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: NoneFor Respondent: Sh. Dayainder Singh Sidhu, CIT-DR
Section 153CSection 153C(1)(a)

attention to the learned Assessing Officer’s detailed assessment discussion in both these cases dated 30.03.2023 at page 2 onwards that the corresponding seized material has indeed been extracted therein forming basis of the addition(s) made in the assessee’s hands. 5. We find no merit in the Revenue ... merely on the basis of such Aranya Infrastructure Pvt. Ltd. an admission of confession, as the case may be, in absence of the corresponding seized material found belonging or pertaining or relating to the assessee u/s 153C(1)(a)(b) of the Act, would hardly carry any significance

Aranya Infrastructure Pvt Ltd, Delhi vs. ITO Ward-30, Delhi

ITA 3204/DEL/2025[2018-19]Status: DisposedITAT Delhi25 Sept 2025AY 2018-19

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 3204/Del/2025 : Asstt. Year : 2018-19 Ita No. 3205/Del/2025 : Asstt. Year : 2020-21 M/S Aranya Infrastructure Pvt. Ltd. Vs Commissioner Of Income 102, Nirmal Tower, Bara Khamba Tax (Appeal)-30, Ara Road, New Delhi-110001 Centre, Jhandewalan, New Delhi-110055 (Appellant) (Respondent) Pan No. Aakca6000B Assessee By : None Revenue By : Sh. Dayainder Singh Sidhu, Cit-Dr Date Of Hearing: 25.09.2025 Date Of Pronouncement: 25.09.2025 Order Per Satbeer Singh Godara: These Assessee’S Twin Appeals In Ita Nos. 3204 & 3205/Del/2025 For Assessment Years 2018-19 & 2020-21, Arise Against The Cit(A)-30, New Delhi’S Din & Order No. Itba/Apl/M/250/2024-25/1074347079(1) & 1074347258(1) Dated 11.03.2025, In Proceedings U/S 153C R.W.S. 143(3) Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: NoneFor Respondent: Sh. Dayainder Singh Sidhu, CIT-DR
Section 153CSection 153C(1)(a)

attention to the learned Assessing Officer’s detailed assessment discussion in both these cases dated 30.03.2023 at page 2 onwards that the corresponding seized material has indeed been extracted therein forming basis of the addition(s) made in the assessee’s hands. 5. We find no merit in the Revenue ... merely on the basis of such Aranya Infrastructure Pvt. Ltd. an admission of confession, as the case may be, in absence of the corresponding seized material found belonging or pertaining or relating to the assessee u/s 153C(1)(a)(b) of the Act, would hardly carry any significance