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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-2, Ludhiana vs. Malbros International Pvt Ltd, Faridkot

In the result, both the appeals and the Cross Objections are dismissed

ITA 992/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh25 Jun 2025AY 2017-18

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos. 992 & 993/Chd/2024 "नधा"रण वष" / Assessment Years: 2017-18, 2016-17 The Dcit, Vs Malbros International Pvt. Ltd., Central Circle-2, Village – Mansoorwal, Teh-Zira, Ludhiana. Head Offices Old Cantt. Road, Faridkot. "थायी लेखा सं./Pan No: Aadcm7203R अपीलाथ"/Appellant ""यथ"/Respondent & C.O. Nos. 46 & 45/Chd/2024 In आयकर अपील सं./ Ita Nos. 992 & 993/Chd/2024 "नधा"रण वष" / Assessment Year: 2017-18, 2016-17 Malbros International Pvt. Ltd., The Dcit, Village – Mansoorwal, Teh-Zira, Vs Central Circle-2, Head Offices Old Cantt. Road, Ludhiana. Faridkot. "थायी लेखा सं./Pan No: Aadcm7203R अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Sudhir Sehgal, Advocate Revenue By : Smt. Kusum Bansal, Cit Dr Date Of Hearing : 14.05.2025 Date Of Pronouncement : 25.06.2025

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Kusum Bansal, CIT DR
Section 249Section 253Section 3Section 5

accommodation entries through his two firms namely M/s S.A. Agro International and M/s Ridhi Sidhi Implex Pvt. Ltd. without their being any corroborated and incriminating material on the record, and, there are plethora of judgments wherein it is held that addition solely basis of statement recorded during the survey ... deleted Reliance is being placed herewith the more case laws on the issue of addition made solely replying on statement without any incriminating material on record:  Jagbir Singh Nehra vs. The DCIT, Central Circle-3, Ludhiana in ITA 687/CHD/2023  Maple Destinations and Dreambuild (P.) Ltd as reported in 162 taxmann.com

Kdp Buildwell P.Ltd, Delhi vs. DCIT, Central Circle, Ghaziabad

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 524/DEL/2019[2014-15]Status: DisposedITAT Delhi25 Jun 2025AY 2014-15

Bench: Shris.Rifaur Rahman & Shri Anubhav Sharmam/S. Kdp Buildwell Pvt. Limited, Vs. Dcit, Central Circle, A-213, 1St Floor, Shanti Gopal Chamber, Ghaziabad. Vikas Marg, Shakarpur, Delhi – 110 092. (Pan :Aabcs6353E) (Appellant) (Respondent) Assessee By : Shri Suresh Gupta, Advocate Revenue By : Shri Kailash Dan Ratnoo, Cit Dr Date Of Hearing : 28.04.2025 Date Of Order : 25.06.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-Iv, Kanpur [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 23.03.2018 For Assessment Year 2014-15. 2. Brief Facts Of The Case Are, A Search & Seizure Operation Under Section 132 Of The Income-Tax Act, 1961 (For Short ‘The Act’) Was Conducted On 26.09.2014 On The Premises Of The Assessee Comprising Kdp/Mgp Group Of Cases. Based On The Incriminating Material Found During The Search, A Notice

For Appellant: Shri Suresh Gupta, AdvocateFor Respondent: Shri Kailash Dan Ratnoo, CIT DR
Section 132Section 139(1)Section 139(9)Section 140ASection 142(1)Section 153ASection 153C

short ‘the Act’) was conducted on 26.09.2014 on the premises of the assessee comprising KDP/MGP Group of cases. Based on the incriminating material found during the search, a notice 2 u/s 153A of the Act was issued on 16.09.2016 and subsequently notice u/s 142(1) was issued. Subsequently, assessee