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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

ACIT, Jaipur vs. Udai Buildhome Pvt Ltd, Jaipur

In the result, all the appeals of the revenue are dismissed

ITA 1400/JPR/2024[2015]Status: DisposedITAT Jaipur10 Mar 2025

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं. / ITA Nos.1399, 1400, 1401 & 1486/JP/2024 निर्धारण वर्ष / Assessment Years : 2014-15, 2015-16, 2017-18 & 2018-19 Asstt. Commissioner of Income बनाम M/s Udai Buildhome Pvt. Tax, Vs. Ltd. 302, Golden Sunrise Central Circle-02, Jaipur Apartment, Lajpat Marg, C- Scheme, Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AABCU 5068 J अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee

For Appellant: Sh. C.M. Agarwal, CAFor Respondent: Smt. Roshanta Meena, CIT
Section 143(3)Section 153C

very initiation of proceedings u/s 153C of the Income Tax Act is totally illegal, bad in law and without jurisdiction. (b) No incriminating material belonging to the assessee was found during the course of search pertaining to the A.Y.2013-14. On this issue the appellant has contended that:- In the assessment ... years which are mentioned in that provision, the same alone would not be sufficient to justify steps in that direction being taken, unless the incriminating material so found is likely to have an impact on the total income of a particular AY forming part of the six AYs' immediately preceding

Vasireddy Vidya Sagar, Guntur vs. The Deputy Commissioner of Income Tax, Central Circle -1, Guntur

ITA 526/VIZ/2024[2020-21]Status: DisposedITAT Visakhapatnam07 Mar 2025AY 2020-21

Bench: Shri K. Narasimha Chary, Hon'Ble & Shri S Balakrishnan, Hon'Bleआयकर अपीलसं./I.Τ.Α.Nos.524, 525 & 526/Viz/2024 (निर्धारण वर्ष/ Assessment Years: 2014-15, 2019-20 & 2020-21) Vasireddy Vidya Sagar D.No. 5-37-44/2, Kalangi Complex 4/7, Brodipet, Guntur - 522002 [Pan: Agzps2420F] V. Dcit – Central Circle – 1 Income Tax Office Lakshmipuram Main Road Guntur - 522006 Andhra Pradesh (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतिनिधित्व/ Assessee Represented By राजस्व का प्रतिनिधित्व/ Department Represented By Shri Mv Prasad, Ca Dr. Aparna Villuri, Sr.Ar सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing घोषणा की तारीख/Date Of Pronouncement 19.02.2025 07.03.2025 आदेश /Order Per Shri S Balakrishnan: 1. These Appeals Are Filed By The Assessee Against Different Orders Of Learned Commissioner Of Income Tax (Appeals), Visakhapatnam – 3 [Hereinafter In Short "Ld.Cit(A)"] Vide Respective Din & Order No. As Stated Below:-

Section 115BSection 132(4)Section 142(1)Section 153C

above loans in cash. The assessee was one of the close aids to the partners of M/s. Polisetty Somasundaram. Based on the above incriminating material, notice under section 142(1) was issued on 20.01.2022 to the assessee. In response, assessee filed part of the information through e-proceedings in ITBA ... Assessing Officer. Further the Learned CIT(A) also ought to have observed that the Assessing Officer failed to prove the nexus between the incriminating material and the addition made/sustained. 4. On the facts and circumstances of the case the Learned CIT(A) ought to have appreciated that the receipts were

Vasireddy Vidya Sagar, Guntur vs. The Deputy Commissioner of Income Tax, Central Circle-1, Guntur

ITA 525/VIZ/2024[2019-20]Status: DisposedITAT Visakhapatnam07 Mar 2025AY 2019-20

Bench: Shri K. Narasimha Chary, Hon'Ble & Shri S Balakrishnan, Hon'Bleआयकर अपीलसं./I.Τ.Α.Nos.524, 525 & 526/Viz/2024 (निर्धारण वर्ष/ Assessment Years: 2014-15, 2019-20 & 2020-21) Vasireddy Vidya Sagar D.No. 5-37-44/2, Kalangi Complex 4/7, Brodipet, Guntur - 522002 [Pan: Agzps2420F] (अपीलार्थी/ Appellant) V. Dcit – Central Circle – 1 Income Tax Office Lakshmipuram Main Road Guntur - 522006 Andhra Pradesh (प्रत्यर्थी/ Respondent) करदाता का प्रतिनिधित्व/ Assessee Represented By राजस्व का प्रतिनिधित्व/ Department Represented By सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing घोषणा की तारीख/Date Of Pronouncement : Shri Mv Prasad, Ca : Dr. Aparna Villuri, Sr.Ar 19.02.2025 07.03.2025 आदेश /Order Per Shri S Balakrishnan: 1. These Appeals Are Filed By The Assessee Against Different Orders Of Learned Commissioner Of Income Tax (Appeals), Visakhapatnam – 3 [Hereinafter In Short "Ld.Cit(A)"] Vide Respective Din & Order No. As Stated Below:-

Section 115BSection 132(4)Section 142(1)Section 153C

above loans in cash. The assessee was one of the close aids to the partners of M/s. Polisetty Somasundaram. Based on the above incriminating material, notice under section 142(1) was issued on 20.01.2022 to the assessee. In response, assessee filed part of the information through e-proceedings in ITBA ... Assessing Officer. Further the Learned CIT(A) also ought to have observed that the Assessing Officer failed to prove the nexus between the incriminating material and the addition made/sustained. 4. On the facts and circumstances of the case the Learned CIT(A) ought to have appreciated that the receipts were

Vasireddy Vidya Sagar, Guntur vs. The Deputy Commissioner of Income Tax, Central Circle-1, Guntur

ITA 524/VIZ/2024[2014-15]Status: DisposedITAT Visakhapatnam07 Mar 2025AY 2014-15

Bench: Shri K. Narasimha Chary, Hon'Ble & Shri S Balakrishnan, Hon'Bleआयकर अपीलसं./I.Τ.Α.Nos.524, 525 & 526/Viz/2024 (निर्धारण वर्ष/ Assessment Years: 2014-15, 2019-20 & 2020-21) Vasireddy Vidya Sagar V. Dcit – Central Circle – 1 D.No. 5-37-44/2, Kalangi Complex 4/7, Brodipet, Guntur - 522002 [Pan: Agzps2420F] (अपीलार्थी/ Appellant) Income Tax Office Lakshmipuram Main Road Guntur - 522006 Andhra Pradesh (प्रत्यर्थी/ Respondent) करदाता का प्रतिनिधित्व/ Assessee Represented By राजस्व का प्रतिनिधित्व/ Department Represented By Shri Mv Prasad, Ca Dr. Aparna Villuri, Sr.Ar सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing 19.02.2025 घोषणा की तारीख/Date Of Pronouncement 07.03.2025 आदेश /Order Per Shri S Balakrishnan: 1. These Appeals Are Filed By The Assessee Against Different Orders Of Learned Commissioner Of Income Tax (Appeals), Visakhapatnam – 3 [Hereinafter In Short "Ld.Cit(A)"] Vide Respective Din & Order No. As Stated Below:-

Section 115BSection 132(4)Section 142(1)Section 153CSection 65B

above loans in cash. The assessee was one of the close aids to the partners of M/s. Polisetty Somasundaram. Based on the above incriminating material, notice under section 142(1) was issued on 20.01.2022 to the assessee. In response, assessee filed part of the information through e-proceedings in ITBA ... Assessing Officer. Further the Learned CIT(A) also ought to have observed that the Assessing Officer failed to prove the nexus between the incriminating material and the addition made/sustained. 4. On the facts and circumstances of the case the Learned CIT(A) ought to have appreciated that the receipts were