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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

Vipin Jain & Sons HUF, Delhi vs. ITO, Ward- 56(2), New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 910/DEL/2019[2015-16]Status: DisposedITAT Delhi09 Apr 2025AY 2015-16

Bench: Shris.Rifaur Rahman & Ms. Madhumita Royvipin Jain & Sons Huf, Vs. Ito, Ward 56 (2), C/O Akhilesh Kumar, Advocate New Delhi. 206 -207, Ansal Satyam, Rdc, Ghaziabad – 201 002 (Uttar Pradesh). (Pan : Aadhv8042G) (Appellant) (Respondent) Assessee By : Shri Rohit Tiwari, Advocate Ms. Tanya, Advocate Revenue By : Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing : 11.02.2025 Date Of Order : 09.04.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-19, New Delhi[“Ld. Cit(A)”, For Short] Dated 12.12.2018 For The Assessment Year 2015-16 Raising Following Grounds Of Appeal :- “1. Because The Order Of Learned Lower Authority Is Bad In Law & Against The Facts & Circumstances Of The Case & Hence Is Unsustainable. 2. Because Ld. Cit (A) Grossly Erred In Law In Sustaining The Addition Of Rs.4,27,01,703/-, Being Total Sale Consideration Of Shares U/S 68 Of The Act While Said Amount Is Neither Credited To Books Of Account In The Absence Of Any Accounts Nor Source Of Said Amount Is Under Doubt, Hence Addition Is Beyond The Scope Of Provision.

For Appellant: Shri Rohit Tiwari, AdvocateFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 10Section 10(38)Section 143(2)Section 68

price have been rigged in violation of SEBI rules or guidelines may not be correct. There has to be some iota of evidence or incriminating material that, either Alps Motors Finance Ltd. was suspended or trading of its shares were banned by the SEBI for manipulating or rigging

Dy Commissioner of Income Tax, Chennai vs. Amit Kumar Kothari, Chennai

In the result, all the appeals filed by the Revenue for the AY 2019-

ITA 2664/CHNY/2024[2022-23]Status: DisposedITAT Chennai09 Apr 2025AY 2022-23

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.2662, 2663 & 2664/Chny/2024 िनधा"रण वष"/Assessment Years: 2019-20, 2020-21 & 2022-23 The Deputy Commissioner Of Vs. Amit Kumar Kothari, Income Tax, New No. 35 To 41, Old No. 28, Central Circle 2(1), Evk Sampath Salai, Vepery, Chennai. Chennai 600 007. [Pan:Adypa1209N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. R. Anita, Addl. Cit ""थ" की ओर से/Respondent By : Shri R. Venkata Raman, C.A. सुनवाई की तारीख/ Date Of Hearing : 13.03.2025 घोषणा की तारीख /Date Of Pronouncement : 09.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Three Appeals Filed By The Revenue Are Directed Against Separate Orders All Dated 21.08.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals) -19, Chennai For The Assessment Year 2019-20, 2020-21 & 2022-23. 2. Since Issues Raised In These Appeals Are Similar Based On The Same Identical Facts, With The Consent Of Both The Parties, We Proceed To Hear

For Appellant: Ms. R. Anita, Addl. CITFor Respondent: Shri R. Venkata Raman, C.A
Section 142(1)Section 143(2)Section 148Section 69

Peak Credit and admitted the same in the return of income filed, the search team was also not able to find any other incriminating material indicating that the Appellant is in receipt of any other income. The AO also has not made any findings upon this issue. 6.3.13 At this

Dy. Commissioner of Income Tax, Chennai vs. Amit Kumar Kothari, Chennai

In the result, all the appeals filed by the Revenue for the AY 2019-

ITA 2663/CHNY/2024[2020-21]Status: DisposedITAT Chennai09 Apr 2025AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.2662, 2663 & 2664/Chny/2024 िनधा"रण वष"/Assessment Years: 2019-20, 2020-21 & 2022-23 The Deputy Commissioner Of Vs. Amit Kumar Kothari, Income Tax, New No. 35 To 41, Old No. 28, Central Circle 2(1), Evk Sampath Salai, Vepery, Chennai. Chennai 600 007. [Pan:Adypa1209N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. R. Anita, Addl. Cit ""थ" की ओर से/Respondent By : Shri R. Venkata Raman, C.A. सुनवाई की तारीख/ Date Of Hearing : 13.03.2025 घोषणा की तारीख /Date Of Pronouncement : 09.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Three Appeals Filed By The Revenue Are Directed Against Separate Orders All Dated 21.08.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals) -19, Chennai For The Assessment Year 2019-20, 2020-21 & 2022-23. 2. Since Issues Raised In These Appeals Are Similar Based On The Same Identical Facts, With The Consent Of Both The Parties, We Proceed To Hear

For Appellant: Ms. R. Anita, Addl. CITFor Respondent: Shri R. Venkata Raman, C.A
Section 142(1)Section 143(2)Section 148Section 69

Peak Credit and admitted the same in the return of income filed, the search team was also not able to find any other incriminating material indicating that the Appellant is in receipt of any other income. The AO also has not made any findings upon this issue. 6.3.13 At this