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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

Anish Garg, Patiala vs. ACIT/ DCIT Cen Cir, Patiala

In the result, appeal of the Assessee stands allowed for statistical purposes

ITA 284/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh27 Aug 2025AY 2017-18

Bench: Shri Laliet Kumarआयकर अपील सं./ Ita Nos. 280 To 284/Chd/2025 "नधा"रण वष" / Assessment Years : 2013-14 To 2017-18 Anish Garg, The Acit / Dcit, बनाम 102, Central Circle, New Colony Patiala Vs. Sular, Patiala "थायी लेखा सं./ Pan No: Aocpg6331A अपीलाथ"/Appellant ""यथ"/Respondent ( Virtual Mode ) "नधा"रती क" ओर से/Assessee By : Sh. Rajiv Saldi, Ca राज"व क" ओर से/ Revenue By : Smt. Surinder Kaur Waraich, Addl. Cit,Sr.Sr सुनवाई क" तार"ख/Date Of Hearing : 27.08.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 27.08.2025 आदेश/Order

For Appellant: Sh. Rajiv Saldi, CAFor Respondent: Smt. Surinder Kaur Waraich, Addl
Section 133ASection 147Section 148Section 151Section 250(6)Section 251

failed to give any finding on the additional ground that the notice U/s 148 has been issued without any impounded material much less incriminating material on record to form an opinion of escapement of income, as such the notice Us 148 and all subsequent proceedings ... case were identical to those decided by the Tribunal in the case relied upon. The DR argued that for search proceedings, the existence of incriminating material is a requirement; however, where additions are made based on material gathered during survey or regular proceedings, there is no such condition that incriminating

Anish Garg, Patiala vs. ACIT/ DCIT Cen Cir, Patiala

In the result, appeal of the Assessee stands allowed for statistical purposes

ITA 282/CHANDI/2025[2015-16]Status: DisposedITAT Chandigarh27 Aug 2025AY 2015-16

Bench: Shri Laliet Kumarआयकर अपील सं./ Ita Nos. 280 To 284/Chd/2025 "नधा"रण वष" / Assessment Years : 2013-14 To 2017-18 Anish Garg, The Acit / Dcit, बनाम 102, Central Circle, New Colony Patiala Vs. Sular, Patiala "थायी लेखा सं./ Pan No: Aocpg6331A अपीलाथ"/Appellant ""यथ"/Respondent ( Virtual Mode ) "नधा"रती क" ओर से/Assessee By : Sh. Rajiv Saldi, Ca राज"व क" ओर से/ Revenue By : Smt. Surinder Kaur Waraich, Addl. Cit,Sr.Sr सुनवाई क" तार"ख/Date Of Hearing : 27.08.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 27.08.2025 आदेश/Order

For Appellant: Sh. Rajiv Saldi, CAFor Respondent: Smt. Surinder Kaur Waraich, Addl
Section 133ASection 147Section 148Section 151Section 250(6)Section 251

failed to give any finding on the additional ground that the notice U/s 148 has been issued without any impounded material much less incriminating material on record to form an opinion of escapement of income, as such the notice Us 148 and all subsequent proceedings ... case were identical to those decided by the Tribunal in the case relied upon. The DR argued that for search proceedings, the existence of incriminating material is a requirement; however, where additions are made based on material gathered during survey or regular proceedings, there is no such condition that incriminating

Anish Garg, Patiala vs. ACIT/ DCIT Cen Cir, Patiala

In the result, appeal of the Assessee stands allowed for statistical purposes

ITA 281/CHANDI/2025[2014-15]Status: DisposedITAT Chandigarh27 Aug 2025AY 2014-15

Bench: Shri Laliet Kumarआयकर अपील सं./ Ita Nos. 280 To 284/Chd/2025 "नधा"रण वष" / Assessment Years : 2013-14 To 2017-18 Anish Garg, The Acit / Dcit, बनाम 102, Central Circle, New Colony Patiala Vs. Sular, Patiala "थायी लेखा सं./ Pan No: Aocpg6331A अपीलाथ"/Appellant ""यथ"/Respondent ( Virtual Mode ) "नधा"रती क" ओर से/Assessee By : Sh. Rajiv Saldi, Ca राज"व क" ओर से/ Revenue By : Smt. Surinder Kaur Waraich, Addl. Cit,Sr.Sr सुनवाई क" तार"ख/Date Of Hearing : 27.08.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 27.08.2025 आदेश/Order

For Appellant: Sh. Rajiv Saldi, CAFor Respondent: Smt. Surinder Kaur Waraich, Addl
Section 133ASection 147Section 148Section 151Section 250(6)Section 251

failed to give any finding on the additional ground that the notice U/s 148 has been issued without any impounded material much less incriminating material on record to form an opinion of escapement of income, as such the notice Us 148 and all subsequent proceedings ... case were identical to those decided by the Tribunal in the case relied upon. The DR argued that for search proceedings, the existence of incriminating material is a requirement; however, where additions are made based on material gathered during survey or regular proceedings, there is no such condition that incriminating