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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

Akshaya Vinimay Pvt Ltd, West Bengal vs. ACIT, Central Circle-31, Delhi

In the result, appeal of the Assessee is partly allowed

ITA 1499/DEL/2025[2018-19]Status: DisposedITAT Delhi17 Sept 2025AY 2018-19

Bench: S. Rifaur Rahman & Shri Yogesh Kumar U.S.Akshaya Vinimay Pvt. Ltd. Vs Acit G-5, Varsha Apartment, 49/1 Central Circle-31, Ara Dobson Road, Howrah, H.O. Centre, Jhandewalan West Bengal Extension, New Delhi Pan: Aakca1634M Appellant Respondent Assessee By Sh. Amit Goel, Ca & Sh. Pranav Yadav, Adv Revenue By Ms. Kirti Sankratyayan, Cit, Dr Date Of Hearing 02/09/2025 Date Of Pronouncement 17/09/2025 Order Per Yogesh Kumar, U.S. Jm: The Present Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-30, (‘Ld. Cit(A)’ For Short), New Delhi Dated 27/01/2025 For The Assessment Year 2018-19. 2. Brief Facts Of The Case Are That, The Assessee Filed Return U/S 139 Of The Income Tax Act, 1961 ('Act' For Short) On 27/09/2018 Declaring Income Of Rs. 35,84,000/-. The Return Was Processed U/S 143(1) Of The Act On 11/04/2019. A Search U/S 132 Of The Act Was Conducted On 06/01/2021 At The Residential/Business Premises Of Hans Group. Assessment Proceedings Has Been Initiated Against The Assessee & An Assessment Order Came To Be Passed On 31/03/2022 U/S 153A R.W.

Section 132Section 132ASection 139Section 143(1)Section 143(3)Section 153A

could be seen from the record, the addition made by 3 Akshaya Vinimay Pvt. Ltd. vs. ACIT the A.O. is not based upon any seized material and the addition has been made on the basis of analysis of balance sheet and bank statement of the Assessee during the post search ... proceedings. The entire assessment order there is no reference to any seized material and A.O. himself admitted the last page of the assessment order that addition is related to issue detected during post search investigation. 6. The Hon'ble Supreme Court in the case of Abhisar Buildwell Pvt. Ltd. (supra