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“incriminating material”

Search & SeizureSection 153ASection 153A8,981 judgments

The decision most relied on for incriminating material is CIT v. Kabul Chawla (380 ITR 573), cited in 3,235 judgments on BharatTax.

Leading authorities on incriminating material

CIT v. Kabul Chawla
380 ITR 573 · 2016 · High Court
3,235
citing judgments

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

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

An assessment under section 153A is without jurisdiction if there is an absence of incriminating material for an unabated assessment year.

CIT v. Sinhgad Technical Education Society
397 ITR 344 · 2017 · Supreme Court
1,589
citing judgments

For assessments under Section 153C, a notice is legally unsustainable if there is no incriminating material correlated to the specific assessment years for which reassessment is sought.

Pr. CIT v. Meeta Gutgutia
395 ITR 526 · 2017 · High Court
1,226
citing judgments

In search assessments under Section 153A, additions to income are permissible only if incriminating material is found during the search; in the absence of such material, completed assessments cannot be disturbed. A statement recorded under Section 132(4) and later retracted may not, on its own, constitute sufficient incriminating evidence for making additions.

All Cargo Global Logistics Ltd. v. DCIT
137 ITD 287 · 2012 · ITAT
907
citing judgments

In non-abated assessments, the Assessing Officer can make additions under section 153A based on books of accounts or documents found during a search but not produced during the original assessment, provided such material is incriminating.

PCIT v. Best Infrastructure (India) (P.) Ltd.
397 ITR 82 · 2017 · High Court
786
citing judgments

A statement recorded under Section 132(4) of the Income Tax Act, 1961, does not by itself constitute incriminating material for making additions to income.

CIT v. RRJ Securities Ltd.
380 ITR 612 · 2016 · High Court
689
citing judgments

Completed assessments can be interfered with under Section 153A or 153C only on the basis of incriminating material unearthed during the search, necessitating a direct correlation between the discovered material and the power to assess or reopen concluded assessments.

Pr. CIT v. Saumya Constructions (P.)Ltd.
387 ITR 529 · 2016 · High Court
670
citing judgments

Assessments under Section 153A cannot be sustained without any incriminating material found during the search that substantiates the additions. This principle applies even to completed assessments where no additional income is disclosed.

Judgments citing incriminating 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

entered into various unaccounted transactions by one of the ways of accepting on money against the sale of shops. On perusal of the incriminating material, the assessee was found to be one of the purchasers who has invested / purchased shop(s) from the firms by paying on money, which ... notice issued, the assessee filed return of income on 28.04.2022 declaring total income at Rs.33,44,140/-. During assessment proceedings, on verification of incriminating material found during the search action and submissions furnished by the assessee, it was found that the assessee had made unaccounted investment in cash amount

ACIT, CC - 3(4), Kolkata vs. Rameswara Infrastructures Ltd, Kolkata

In the result, the appeal filed by the revenue is dismissed and 11

ITA 2692/KOL/2024[2019-20]Status: DisposedITAT Kolkata22 Sept 2025AY 2019-20

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2019-20 Acit, Central Circle-3(4), Kolkata.….……………….……….……….……Appellant Vs. Rameswara Infrastructures Ltd ………………………….....……...…..…..Respondent 19A, Sarat Bose Road Lr Sarani Kolkata-20. [Pan: Aaecr0505J] C.O. 19/Kol/2025 (In Ita Nos.2692 /Kol/2024) Assessment Year: 2019-20 Rameswara Infrastructures Ltd.….……………. ….……….……….……Cross-Objector 19A, Sarat Bose Road Lr Sarani Kolkata-20. [Pan: Aaecr0505J] Vs. Acit, Central Circle-3(4), Kolkata...………………………...…..…………….Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee. Shri Raja Sengupta, Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : September 17, 2025 Date Of Pronouncing The Order : September 22, 2025 Order Per Pradip Kumar Choubey:

Section 139Section 139(1)Section 143(1)Section 143(2)Section 153ASection 153CSection 250Section 68

appeal before the ld. CIT(A) by taking two grounds i.e. one being legal that no addition was permissible in the absence of any incriminating material found in the course of search and the other is on merits. The ld. CIT(A) has dismissed the legal ground of the assessee ... that the assessee did not bring anything in the appellate proceedings which goes to prove that the Assessing Officer had not relied upon the incriminating material while making the impugned addition. According to him, the assessee did not explain regarding loan taken by the assessee company. 8. Upon hearing