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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

Sharad Kumar Choradia, Jaipur vs. ACIT, Central Circle-2, Jaipur

In the result, the appeal filed by the assessee in Nos

ITA 976/JPR/2025[2015-16]Status: DisposedITAT Jaipur02 Sept 2025AY 2015-16

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR, JM आयकर अपील सं. / ITA Nos.975 to 980/JP/2025 निर्धारण वर्ष / Assessment Years : 2014-15 to 2019-20 | Sharad Kumar Choradia | बनाम | ACIT, | 3-CHHA-4, Jawahar Nagar, | Vs. | Central Circle-02, | Jaipur | | Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AALPC3487C | अपीलार्थी/ Appellant | प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by: Sh. Vijay Goyal, CA & Sh. Kapil Khejrolia, CA राजस्व की ओर से / Revenue

For Appellant: Sh. Vijay Goyal, CA &For Respondent: Mrs. Anita Rinesh, JCIT, Sr. DR
Section 153ASection 153D

material cannot be considered for making additions under section 153A of the Income Sharad Kumar Choradia vs. ACIT Tax Act, as the provision requires incriminating material from the search conducted on the assessee. It is contended that no such addition could be made under section 153A based on documents seized ... Doongri Road, Jaipur and such material cannot be considered for making additions under section 153A of the Income Tax Act, as the provision requires incriminating material from the search conducted on the assessee. It is contended that no such addition could be made under section 153A based on documents seized

Deputy Commissioner of Income Tax Central Circle-2, Ludhiana vs. Ab Alcobev Private Limited, Delhi

In the result, appeals of Revenue are dismissed, Cross

ITA 360/CHANDI/2024[2020-21]Status: DisposedITAT Chandigarh01 Sept 2025AY 2020-21

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos.356, 357, 358 & 360/Chd/2024 निर्धारण वर्ष / A.Y. : 2016-17, 2017-18, 2019-20 & 2020-21 The Dcit, Central Circle-2, Ludhiana. Vs Ab Alcobev Pvt. Ltd., 154, 1St Floor, Aggarwal Plaza-1, Anandvas Shakurpur, North West, Delhi. अपीलार्थी/Appellant स्थायी लेखा सं./Pan No: Aalca0327J प्रत्यर्थी/Respondent & C.O. Nos.17 To 20/Chd/2025 In

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Manav Bansal, CIT DR
Section 132Section 153ASection 153CSection 153DSection 249Section 253Section 3Section 5

initio void. 4. The second ground taken by the assessee is that since no search was carried out upon the assessee and no incriminating material was seized, therefore, assessment ought to have not been framed u/s 153A. According to the assessee, AO has been using the digital data found ... requisition is issued and search is actually conducted, panchnama is drawn, completed assessments for all relevant years would get reopened, irrespective of whether any incriminating material has been found or not in relation to a particular assessment year Held, yes Whether, however, warrant of authorization shall have to be executed

Deputy Commissioner of Income Tax, Central Circle-2, Ludhiana vs. Ab Alcobev Private Limited, Delhi

In the result, appeals of Revenue are dismissed, Cross

ITA 358/CHANDI/2024[2019-20]Status: DisposedITAT Chandigarh01 Sept 2025AY 2019-20

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos.356, 357, 358 & 360/Chd/2024 निर्धारण वर्ष / A.Y. : 2016-17, 2017-18, 2019-20 & 2020-21 The Dcit, Central Circle-2, Ludhiana. Vs Ab Alcobev Pvt. Ltd., 154, 1St Floor, Aggarwal Plaza-1, Anandvas Shakurpur, North West, Delhi. अपीलार्थी/Appellant स्थायी लेखा सं./Pan No: Aalca0327J प्रत्यर्थी/Respondent & C.O. Nos.17 To 20/Chd/2025 In

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Manav Bansal, CIT DR
Section 132Section 153ASection 153CSection 153DSection 249Section 253Section 3Section 5

initio void. 4. The second ground taken by the assessee is that since no search was carried out upon the assessee and no incriminating material was seized, therefore, assessment ought to have not been framed u/s 153A. According to the assessee, AO has been using the digital data found ... requisition is issued and search is actually conducted, panchnama is drawn, completed assessments for all relevant years would get reopened, irrespective of whether any incriminating material has been found or not in relation to a particular assessment year Held, yes Whether, however, warrant of authorization shall have to be executed

Deputy Commissioner of Income Tax Central Circle-2, Ludhiana vs. Ab Alcobev Private Limited, Delhi

In the result, appeals of Revenue are dismissed, Cross

ITA 357/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh01 Sept 2025AY 2017-18

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos.356, 357, 358 & 360/Chd/2024 निर्धारण वर्ष / A.Y. : 2016-17, 2017-18, 2019-20 & 2020-21 The Dcit, Central Circle-2, Ludhiana. Vs Ab Alcobev Pvt. Ltd., 154, 1St Floor, Aggarwal Plaza-1, Anandvas Shakurpur, North West, Delhi. अपीलार्थी/Appellant स्थायी लेखा सं./Pan No: Aalca0327J प्रत्यर्थी/Respondent & C.O. Nos.17 To 20/Chd/2025 In

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Manav Bansal, CIT DR
Section 132Section 153ASection 153CSection 153DSection 249Section 253Section 3Section 5

initio void. 4. The second ground taken by the assessee is that since no search was carried out upon the assessee and no incriminating material was seized, therefore, assessment ought to have not been framed u/s 153A. According to the assessee, AO has been using the digital data found ... requisition is issued and search is actually conducted, panchnama is drawn, completed assessments for all relevant years would get reopened, irrespective of whether any incriminating material has been found or not in relation to a particular assessment year Held, yes Whether, however, warrant of authorization shall have to be executed

Deputy Commissioner of Income Tax Central Circle-2 Ludhiana, Ludhiana vs. Ab Alcobev Private Limited, Delhi

In the result, appeals of Revenue are dismissed, Cross

ITA 356/CHANDI/2024[2016-17]Status: DisposedITAT Chandigarh01 Sept 2025AY 2016-17

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos.356, 357, 358 & 360/Chd/2024 निर्धारण वर्ष / A.Y. : 2016-17, 2017-18, 2019-20 & 2020-21 The Dcit, Central Circle-2, Ludhiana. Vs Ab Alcobev Pvt. Ltd., 154, 1St Floor, Aggarwal Plaza-1, Anandvas Shakurpur, North West, Delhi. अपीलार्थी/Appellant प्रत्यर्थी/Respondent स्थायी लेखा सं./Pan No: Aalca0327J & C.O. Nos.17 To 20/Chd/2025 In

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Manav Bansal, CIT DR
Section 132Section 153ASection 153CSection 153DSection 249Section 253Section 3Section 5

initio void. 4. The second ground taken by the assessee is that since no search was carried out upon the assessee and no incriminating material was seized, therefore, assessment ought to have not been framed u/s 153A. According to the assessee, AO has been using the digital data found ... requisition is issued and search is actually conducted, panchnama is drawn, completed assessments for all relevant years would get reopened, irrespective of whether any incriminating material has been found or not in relation to a particular assessment year Held, yes Whether, however, warrant of authorization shall have to be executed