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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

Mahendra Singh Naruka, Jaipur vs. Assistant Commissioner of Income Tax, Central Circle-3, Jaipur

In the result, the appeal of the assesseein ITA no

ITA 205/JPR/2025[2016-17]Status: DisposedITAT Jaipur04 Jun 2025AY 2016-17

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकरअपीलसं. / ITA. No. 204 & 205/JPR/2025 निर्धारणवर्ष / AssessmentYears : 2015-16 & 2016-17 Shri Mahendra Singh Naruka B-536, J.D.A. Colony Malivya Nagar, Jaipur 302 017 अपीलार्थी / Appellant स्थायीलेखा सं. / जीआईआरसं./PAN/GIR No.: ABUPN 1656 J बनाम Vs. The ACIT Central Circle-3 Jaipur प्रत्यर्थी / Respondent निधर्धारिती की ओरसे / Assesseeby : Shri S.R. Sharma, Advocate राजस्व की ओरसे /Revenue by : Mrs. Anita Rinesh

For Appellant: Shri S.R. Sharma, AdvocateFor Respondent: Mrs. Anita Rinesh, JCIT -DR a
Section 115BSection 143(3)Section 153ASection 68

accepting submission of the appellant that proceedings initiated u/s 153A of the IT Act, 1961 is wrong and bad in law as no incriminating material whatsoever was found in course of search which could suggest any undisclosed income and therefore consequent assessment made u/s 143(3) r/w sec 153A ... accepting submission of the appellant that proceedings initiated u/s 153A of the IT Act, 1961 is wrong and bad in law as no incriminating material whatsoever was found in course of search which could suggest any undisclosed income and therefore consequent assessment made u/s 143(3) r/w sec. 153A

Mahendra Singh Naruka, Jaipur vs. Assistant Commissioner of Income Tax, Central Circle-3, Jaipur

In the result, the appeal of the assesseein ITA no

ITA 204/JPR/2025[2015-16]Status: DisposedITAT Jaipur04 Jun 2025AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकरअपीलसं. / ITA. No. 204 & 205/JPR/2025 निर्धारणवर्ष / AssessmentYears : 2015-16 & 2016-17 Shri Mahendra Singh Naruka B-536, J.D.A. Colony Malivya Nagar, Jaipur 302 017 अपीलार्थी / Appellant बनाम Vs. The ACIT Central Circle-3 Jaipur प्रत्यर्थी / Respondent स्थायीलेखा सं. / जीआईआरसं./PAN/GIR No.: ABUPN 1656 J निधर्धारिती की ओरसे / Assesseeby : Shri S.R. Sharma, Advocate राजस्व की ओरसे /Revenue by : Mrs. Anita Rinesh

For Appellant: Shri S.R. Sharma, AdvocateFor Respondent: Mrs. Anita Rinesh, JCIT -DR a
Section 115BSection 143(3)Section 153ASection 68

accepting submission of the appellant that proceedings initiated u/s 153A of the IT Act, 1961 is wrong and bad in law as no incriminating material whatsoever was found in course of search which could suggest any undisclosed income and therefore consequent assessment made u/s 143(3) r/w sec 153A ... accepting submission of the appellant that proceedings initiated u/s 153A of the IT Act, 1961 is wrong and bad in law as no incriminating material whatsoever was found in course of search which could suggest any undisclosed income and therefore consequent assessment made u/s 143(3) r/w sec. 153A

Deputy Commissioner of Income Tax, Central Circle-2, Ludhiana vs. Sportking India Limited, Village Kanech Gt Road

Appeal stands dismissed

ITA 16/CHANDI/2024[2011]Status: DisposedITAT Chandigarh04 Jun 2025

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 16/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2011-12) Dcit-Central Circle-2 M/S Sportking India Limited बनाम/ Sco 1-6, 3Rd Floor Village Kanech, Gt Road, Sahnewal Vs. Kichlu Nagar, Ludhiana-141001 Khurd, Punjab 141120 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacs-3037-Q (अपीलाथ"/Appellant) (""थ" / Respondent) : & आयकरअपीलसं./ Co No.30/Chandi/2024 (In Ita No.16/Chandi/2024) (िनधा"रणवष" / Assessment Year: 2011-12) M/S Sportking India Limited Dcit-Central Circle-2 बनाम/ Village Kanech, Gt Road, Sco 1-6, 3Rd Floor Vs. Sahnewal Khurd, Punjab 141120 Kichlu Nagar, Ludhiana-141001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacs-3037-Q (अपीलाथ"/Appellant) : (""थ" / Respondent) Assessee By : Shri Ashwani Kumar (Ca) & Ms. Deepali Aggarwal (Ca) – Ld. Ars Revenue By : Smt. Kusum Bansal (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 09-04-2025 घोषणाकीतारीख /Date Of Pronouncement : 04-06-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. The Revenue Is In Further Appeal Before Us For Assessment Year (Ay) 2011-12 Against The Order Of Ld. Commissioner Of Income Tax

For Appellant: Shri Ashwani Kumar (CA) & Ms. DeepaliFor Respondent: Smt. Kusum Bansal (CIT) – Ld. DR
Section 132Section 133(6)Section 143(3)Section 148Section 153ASection 68

Proceedings 3.1 The assessee assailed reassessment jurisdiction on legal grounds and also contested impugned addition on merits. It was, inter- alia, stated that no incriminating material was found in that respect during search on the assessee. Further, the reassessment has been initiated merely on the basis of information received from