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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

Deputy Commissioner of Income Tax, Central Circle-3, Surat vs. Sh. Kailash Agrawal, Surat

In the result, appeal of revenue is dismissed

ITA 380/SRT/2025[2018-19]Status: DisposedITAT Surat23 Sept 2025AY 2018-19

Bench: Shri Sanjay Garj & Shri Bijayananda Prusethआयकर अपील सं./Ita No.380/Srt/2025 Assessment Year: 2018-19 (Hybrid Hearing) Dy. Commissioner Of Shri Kailash Agarwal बनाम/ Income-Tax, Central Circle- A/1, 3003, Regent Textile Vs. 3, Surat, 5Th Floor Aayakar Market, Ring Road, Bhawan, Majura Gate, Surat– 395002 Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aappa 3267 N (अपीलाथ"/Appellant) (""थ"/Respondent) ""ा"ेप सं /Co No.3/Srt/2025 (A/O Ita No.380/Srt/2025/(Ay 2018-19) Shri Kailash Agarwal Dy. Commissioner Of बनाम A/1, 3003, Regent Textile Income-Tax, Central Circle- / 3, Surat, 5Th Floor Aayakar Market, Ring Road, Surat– Vs. 395002 Bhawan, Majura Gate, Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aappa 3267 N (""थ"/Respondent) (Co-Objector) िनधा"रती की ओर से/Assessee By Shri Ramesh Goyal, Ca राज"की ओर से /Respondent By Shri Ajay Uke, Sr-Dr सुनवाई की तारीख/Date Of Hearing 13/08/2025 उद्घोषणा की तारीख/Date Of Pronouncement 23/09/2025

Section 132Section 139Section 143(3)Section 147Section 148Section 250Section 69

Shah 307 ITR 137 (Guj.), wherein it was held that addition should not be made only on the basis of entries found/recorded in seized material without any corroborative evidence. In view of the above facts and the precedent the appeal of the assessee was allowed ... third party has limited direct evidentiary value to fasten tax liability on another person unless there is clear nexus or corroboration linking the seized material to that person. Entries in loose sheets or data recovered from an electric device do not automatically translate into conclusive proof against third parties