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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

Dy. Commissioner of Income Tax, Circle-16(2), Hyderabad vs. Parasuraman Karthik Iyer, Chennai

In the result, appeals in ITA

ITA 31/HYD/2020[2010-11]Status: DisposedITAT Hyderabad30 Apr 2025AY 2010-11

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1796 To 1798/Hyd/2019 & Ita Nos.30 & 31/Hyd/2020 (िनधा"रण वष"/Assessment Years: 2008-09 To 2010-11) Dy. Cit Vs. Shri Parasuraman Karthik Iyer, Chennai Circle 16(2) Pan:Aftpk1261M Hyderabad (Appellant) (Respondent) राज" व "ारा/Revenue By:: Smt. M. Narmada, Cit(Dr) िनधा""रती "ारा/Assessee By: Shri A. Srinivas, Ca सुनवाई की तारीख/Date Of Hearing: 06/02/2025 घोषणा की तारीख/Pronouncement: 30/04/2025 आदेश/Order Per Vijay Pal Raothese 5 Appeals Filed By The Department Are Directed Against The Separate Orders Of The Learned Cit (A)-4, Hyderabad, Out Of Which 3 Appeals Are Arising From The Orders Passed U/S 143(3) R.W.S. 147 Of The I.T. Act, 1961 For The A.Y 2008-09 To 2010-11 & 2 Appeals Are Arising From The Penalty Order Passed U/S 271(1)(C) Of The Act, For The A.Ys 2009-10 & 2010-11 Respectively. In The Quantum Appeals, The Department Has Raised

For Appellant: Shri A. Srinivas, CAFor Respondent: : Smt. M. Narmada, CIT(DR)
Section 143(1)Section 143(3)Section 148Section 271(1)(c)Section 80G

Assessing Officer. 4. Before the Tribunal, the learned CIT (DR) has submitted that the addition is not merely based on the statement but the incriminating material was found and impounded by the Director of Income Tax (Inv.) Mumbai during the survey conducted in case of M/s. South Indian Educational Society ... case of M/s. South Indian Educational Society Trust by the Investigation Wing of Mumbai and during the course of said investigation, certain incriminating materials were seized and impounded revealed the fact that the said Society was collecting capitation fee and the same was converted into donation with the modus operandi

Dy. Commissioner of Income Tax, Circle-16(2), Hyderabad vs. Parasuraman Karthik Iyer, Chennai

In the result, appeals in ITA

ITA 30/HYD/2020[2009-10]Status: DisposedITAT Hyderabad30 Apr 2025AY 2009-10

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1796 To 1798/Hyd/2019 & Ita Nos.30 & 31/Hyd/2020 (िनधा"रण वष"/Assessment Years: 2008-09 To 2010-11) Dy. Cit Vs. Shri Parasuraman Karthik Iyer, Chennai Circle 16(2) Pan:Aftpk1261M Hyderabad (Appellant) (Respondent) राज" व "ारा/Revenue By:: Smt. M. Narmada, Cit(Dr) िनधा""रती "ारा/Assessee By: Shri A. Srinivas, Ca सुनवाई की तारीख/Date Of Hearing: 06/02/2025 घोषणा की तारीख/Pronouncement: 30/04/2025 आदेश/Order Per Vijay Pal Raothese 5 Appeals Filed By The Department Are Directed Against The Separate Orders Of The Learned Cit (A)-4, Hyderabad, Out Of Which 3 Appeals Are Arising From The Orders Passed U/S 143(3) R.W.S. 147 Of The I.T. Act, 1961 For The A.Y 2008-09 To 2010-11 & 2 Appeals Are Arising From The Penalty Order Passed U/S 271(1)(C) Of The Act, For The A.Ys 2009-10 & 2010-11 Respectively. In The Quantum Appeals, The Department Has Raised

For Appellant: Shri A. Srinivas, CAFor Respondent: : Smt. M. Narmada, CIT(DR)
Section 143(1)Section 143(3)Section 148Section 271(1)(c)Section 80G

Assessing Officer. 4. Before the Tribunal, the learned CIT (DR) has submitted that the addition is not merely based on the statement but the incriminating material was found and impounded by the Director of Income Tax (Inv.) Mumbai during the survey conducted in case of M/s. South Indian Educational Society ... case of M/s. South Indian Educational Society Trust by the Investigation Wing of Mumbai and during the course of said investigation, certain incriminating materials were seized and impounded revealed the fact that the said Society was collecting capitation fee and the same was converted into donation with the modus operandi

Dy. Commissioner of Income Tax, Circle-16(2), Hyderabad vs. Parasuraman Karthik Iyer, Chennai

In the result, appeals in ITA

ITA 1798/HYD/2019[2010-11]Status: DisposedITAT Hyderabad30 Apr 2025AY 2010-11

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1796 To 1798/Hyd/2019 & Ita Nos.30 & 31/Hyd/2020 (िनधा"रण वष"/Assessment Years: 2008-09 To 2010-11) Dy. Cit Vs. Shri Parasuraman Karthik Iyer, Chennai Circle 16(2) Pan:Aftpk1261M Hyderabad (Appellant) (Respondent) राज" व "ारा/Revenue By:: Smt. M. Narmada, Cit(Dr) िनधा""रती "ारा/Assessee By: Shri A. Srinivas, Ca सुनवाई की तारीख/Date Of Hearing: 06/02/2025 घोषणा की तारीख/Pronouncement: 30/04/2025 आदेश/Order Per Vijay Pal Raothese 5 Appeals Filed By The Department Are Directed Against The Separate Orders Of The Learned Cit (A)-4, Hyderabad, Out Of Which 3 Appeals Are Arising From The Orders Passed U/S 143(3) R.W.S. 147 Of The I.T. Act, 1961 For The A.Y 2008-09 To 2010-11 & 2 Appeals Are Arising From The Penalty Order Passed U/S 271(1)(C) Of The Act, For The A.Ys 2009-10 & 2010-11 Respectively. In The Quantum Appeals, The Department Has Raised

For Appellant: Shri A. Srinivas, CAFor Respondent: : Smt. M. Narmada, CIT(DR)
Section 143(1)Section 143(3)Section 148Section 271(1)(c)Section 80G

Assessing Officer. 4. Before the Tribunal, the learned CIT (DR) has submitted that the addition is not merely based on the statement but the incriminating material was found and impounded by the Director of Income Tax (Inv.) Mumbai during the survey conducted in case of M/s. South Indian Educational Society ... case of M/s. South Indian Educational Society Trust by the Investigation Wing of Mumbai and during the course of said investigation, certain incriminating materials were seized and impounded revealed the fact that the said Society was collecting capitation fee and the same was converted into donation with the modus operandi

Dy. Commissioner of Income Tax, Circle-16(2), Hyderabad vs. Parasuraman Karthik Iyer, Chennai

In the result, appeals in ITA

ITA 1797/HYD/2019[2009-10]Status: DisposedITAT Hyderabad30 Apr 2025AY 2009-10

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1796 To 1798/Hyd/2019 & Ita Nos.30 & 31/Hyd/2020 (िनधा"रण वष"/Assessment Years: 2008-09 To 2010-11) Dy. Cit Vs. Shri Parasuraman Karthik Iyer, Chennai Circle 16(2) Pan:Aftpk1261M Hyderabad (Appellant) (Respondent) राज" व "ारा/Revenue By:: Smt. M. Narmada, Cit(Dr) िनधा""रती "ारा/Assessee By: Shri A. Srinivas, Ca सुनवाई की तारीख/Date Of Hearing: 06/02/2025 घोषणा की तारीख/Pronouncement: 30/04/2025 आदेश/Order Per Vijay Pal Raothese 5 Appeals Filed By The Department Are Directed Against The Separate Orders Of The Learned Cit (A)-4, Hyderabad, Out Of Which 3 Appeals Are Arising From The Orders Passed U/S 143(3) R.W.S. 147 Of The I.T. Act, 1961 For The A.Y 2008-09 To 2010-11 & 2 Appeals Are Arising From The Penalty Order Passed U/S 271(1)(C) Of The Act, For The A.Ys 2009-10 & 2010-11 Respectively. In The Quantum Appeals, The Department Has Raised

For Appellant: Shri A. Srinivas, CAFor Respondent: : Smt. M. Narmada, CIT(DR)
Section 143(1)Section 143(3)Section 148Section 271(1)(c)Section 80G

Assessing Officer. 4. Before the Tribunal, the learned CIT (DR) has submitted that the addition is not merely based on the statement but the incriminating material was found and impounded by the Director of Income Tax (Inv.) Mumbai during the survey conducted in case of M/s. South Indian Educational Society ... case of M/s. South Indian Educational Society Trust by the Investigation Wing of Mumbai and during the course of said investigation, certain incriminating materials were seized and impounded revealed the fact that the said Society was collecting capitation fee and the same was converted into donation with the modus operandi

Dy. Commissioner of Income Tax, Circle-16(2), Hyderabad vs. Parasuraman Kathik Iyer, Chennai

In the result, appeals in ITA

ITA 1796/HYD/2019[2008-09]Status: DisposedITAT Hyderabad30 Apr 2025AY 2008-09

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1796 To 1798/Hyd/2019 & Ita Nos.30 & 31/Hyd/2020 (िनधा"रण वष"/Assessment Years: 2008-09 To 2010-11) Dy. Cit Vs. Shri Parasuraman Karthik Iyer, Chennai Circle 16(2) Pan:Aftpk1261M Hyderabad (Appellant) (Respondent) राज" व "ारा/Revenue By:: Smt. M. Narmada, Cit(Dr) िनधा""रती "ारा/Assessee By: Shri A. Srinivas, Ca सुनवाई की तारीख/Date Of Hearing: 06/02/2025 घोषणा की तारीख/Pronouncement: 30/04/2025 आदेश/Order Per Vijay Pal Raothese 5 Appeals Filed By The Department Are Directed Against The Separate Orders Of The Learned Cit (A)-4, Hyderabad, Out Of Which 3 Appeals Are Arising From The Orders Passed U/S 143(3) R.W.S. 147 Of The I.T. Act, 1961 For The A.Y 2008-09 To 2010-11 & 2 Appeals Are Arising From The Penalty Order Passed U/S 271(1)(C) Of The Act, For The A.Ys 2009-10 & 2010-11 Respectively. In The Quantum Appeals, The Department Has Raised

For Appellant: Shri A. Srinivas, CAFor Respondent: : Smt. M. Narmada, CIT(DR)
Section 143(1)Section 143(3)Section 148Section 271(1)(c)Section 80G

Assessing Officer. 4. Before the Tribunal, the learned CIT (DR) has submitted that the addition is not merely based on the statement but the incriminating material was found and impounded by the Director of Income Tax (Inv.) Mumbai during the survey conducted in case of M/s. South Indian Educational Society ... case of M/s. South Indian Educational Society Trust by the Investigation Wing of Mumbai and during the course of said investigation, certain incriminating materials were seized and impounded revealed the fact that the said Society was collecting capitation fee and the same was converted into donation with the modus operandi