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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

M/S Agroha Ornaments, Gwalior vs. ACIT., Central, Gwalior

ITA 135/AGR/2019[2017-18]Status: DisposedITAT Agra28 Mar 2025AY 2017-18

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.135/Agr/2019 (िनधा"रणवष" / Assessment Year: 2017-18) M/S Agroha Ornaments Acit (Central) बनाम/ Solid Gold Plaza, Sarafa Bazar Gwalior Vs. Lashkar, Gwalior 474011 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abgfa-1001-J (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकरअपील सं. / Ita No.586/Agr/2019 (िनधा"रणवष" / Assessment Year: 2017-18) Acit (Central) M/S Agroha Ornaments बनाम/ Gwalior Solid Gold Plaza, Sarafa Bazar Vs. Lashkar, Gwalior 474011 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abgfa-1001-J (अपीलाथ"/Appellant) : (""थ" / Respondent) Assessee By : Shri Ashok Vijayawargiya (Ca) – Ld. Ar Revenue By : Shri Sukesh Kumar Jain – Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 20-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025

For Appellant: Shri Ashok Vijayawargiya (CA) – Ld. ARFor Respondent: Shri Sukesh Kumar Jain – Ld. CIT-DR
Section 132(1)Section 132(4)Section 142(1)Section 153ASection 69A

search happened within a short span of time on 01-12-2016. During the course of search, no incriminating material has been found which would show that the assessee earned unaccounted income of impugned magnitude within short span of time. The assessee, undisputedly, carries out the business of jewellery ... person to be in possession of any undisclosed money or books of account. But, if the department was not able to find any such incriminating material, there is no question of examination and recording of statement. In such a case, the admission would lose its evidentiary value. This provision embedded

Mohan Thakurdas Gurnani, Navi Mumbai vs. ITO Central Circle 5(2), Mumbai

In the result, all the five appeals of the assessee are partly allowed

ITA 437/MUM/2025[2012-13]Status: DisposedITAT Mumbai28 Mar 2025AY 2012-13

Bench: Shri Rahul Chaudhary & Smt. Renu Jauhriआयकर अपील सं./Ita No. 435/Mum/2025 (निर्धारण वर्ष / Assessment Year :2010-11) आयकर अपील सं./Ita No. 436/Mum/2025 (निर्धारण वर्ष / Assessment Year :2011-12) आयकर अपील सं./Ita No. 437/Mum/2025 (निर्धारण वर्ष / Assessment Year :2012-13) आयकर अपील सं./Ita No. 438/Mum/2025 (निर्धारण वर्ष / Assessment Year :2013-14) आयकर अपील सं./Ita No. 439/Mum/2025 (निर्धारण वर्ष / Assessment Year :2016-17)

For Respondent: None
Section 143(3)Section 153ASection 250Section 271(1)(c)Section 275

case of search assessmentsthe addition was made vide an order u/s 153A, iv. the addition was in respect of such income for which no incriminating material was available, v. the addition was not sustainable in law, vi. the penalty was initiated without specifying any charge in the assessment order ... search assessmentsthe iii. addition was made vide an order u/s 153A, iv. the addition was in respect of such income for which no incriminating material was available, v. the addition was not sustainable in law, vi. the penalty was initiated without specifying any charge in the assessment order or penalty