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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

Deputy Commissioner of Income Tax, Delhi vs. M/S Vestige Marketing Private Limited, Delhi

ITA 7840/DEL/2025[2020-21]Status: DisposedITAT Delhi20 Mar 2026AY 2020-21

Bench: Shri Before Shri Satbeer Singh Godarabefore Shri Before Shri Satbeer Singh Godarasatbeer Singh Godara & Satbeer Singh Godara & And & Shri Naveen Chandra Shri Naveen Chandra, , , Shri Naveen Chandra Shri Naveen Chandra

For Appellant: Shri Amit Goel and Shri Pranav Yadav, Advocate
Section 132Section 143(3)Section 147Section 37Section 37(1)Section 69A

provision of Section 132(4) of the Act in the context of discovering undisclosed income, explained that in cases where no unaccounted documents or incriminating material is found, the powers under Section 132(4) of the Act cannot be invoked. The relevant passage from the aforesaid judgment is quoted below ... things, nor any unaccounted documents valuable articles or things, nor any unaccounted documents valuable articles or things, nor any unaccounted documents nor any such incriminating material either from the premises of nor any such incriminating material either from the premises nor any such incriminating material either from the premises

Deputy Commissioner of Income Tax, Delhi vs. M/S Vestige Marketing Private Limited, Delhi

ITA 7839/DEL/2025[2019-20]Status: DisposedITAT Delhi20 Mar 2026AY 2019-20

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

For Appellant: Shri Amit Goel andFor Respondent: Ms. Monika Singh, CIT-DR
Section 132Section 133(6)Section 143(3)Section 147Section 37Section 37(1)Section 69A

provision of Section 132(4) of the Act in the context of discovering undisclosed income, explained that in cases where no unaccounted documents or incriminating material is found, the powers under Section 132(4) of the Act cannot be invoked. The relevant passage from the aforesaid judgment is quoted below ... able to find any unaccounted money, unaccounted bullion nor any other valuable articles or things, nor any unaccounted documents nor any such incriminating material either from the premises of the company or from the residential houses of the managing director _and_ other directors. In such a case, when the managing

Deputy Commissioner of Income Tax, Delhi vs. M/S Vestige Marketing Private Limited, Delhi

ITA 7838/DEL/2025[2018-19]Status: DisposedITAT Delhi20 Mar 2026AY 2018-19

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

For Appellant: Shri Amit Goel andFor Respondent: Ms. Monika Singh, CIT-DR
Section 132Section 133(6)Section 143(3)Section 147Section 37Section 37(1)Section 69A

provision of Section 132(4) of the Act in the context of discovering undisclosed income, explained that in cases where no unaccounted documents or incriminating material is found, the powers under Section 132(4) of the Act cannot be invoked. The relevant passage from the aforesaid judgment is quoted below ... able to find any unaccounted money, unaccounted bullion nor any other valuable articles or things, nor any unaccounted documents nor any such incriminating material either from the premises of the company or from the residential houses of the managing director and other directors. In such a case, when the managing

Vestige Marketing Pvt Ltd, Delhi vs. DCIT Central Circle -05, Delhi

ITA 5521/DEL/2025[2024-25]Status: DisposedITAT Delhi20 Mar 2026AY 2024-25

Bench: Shri Before Shri Satbeer Singh Godarabefore Shri Before Shri Satbeer Singh Godarasatbeer Singh Godara & Satbeer Singh Godara & And & Shri Naveen Chandra Shri Naveen Chandra, , , Shri Naveen Chandra Shri Naveen Chandra

For Appellant: Shri Amit Goel and Shri Pranav Yadav, Advocate
Section 132Section 143(3)Section 147Section 37Section 37(1)Section 69A

provision of Section 132(4) of the Act in the context of discovering undisclosed income, explained that in cases where no unaccounted documents or incriminating material is found, the powers under Section 132(4) of the Act cannot be invoked. The relevant passage from the aforesaid judgment is quoted below ... things, nor any unaccounted documents valuable articles or things, nor any unaccounted documents valuable articles or things, nor any unaccounted documents nor any such incriminating material either from the premises of nor any such incriminating material either from the premises nor any such incriminating material either from the premises

Vestige Marketing Pvt Ltd, Delhi vs. DCIT, Central Circle-05, Delhi

ITA 5520/DEL/2025[2023-24]Status: DisposedITAT Delhi20 Mar 2026AY 2023-24

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

Section 132Section 133(6)Section 143(3)Section 147Section 37Section 37(1)Section 69A

provision of Section 132(4) of the Act in the context of discovering undisclosed income, explained that in cases where no unaccounted documents or incriminating material is found, the powers under Section 132(4) of the Act cannot be invoked. The relevant passage from the aforesaid judgment is quoted below ... able to find any unaccounted money, unaccounted bullion nor any other valuable articles or things, nor any unaccounted documents nor any such incriminating material either from the premises of the company or from the residential houses of the managing director and other directors. In such a case, when the managing

Vestige Marketing Pvt Ltd, Delhi vs. DCIT Central Circle-05, Delhi

ITA 5519/DEL/2025[2022-23]Status: DisposedITAT Delhi20 Mar 2026AY 2022-23

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

For Appellant: Shri Amit Goel andFor Respondent: Ms. Monika Singh, CIT-DR
Section 132Section 133(6)Section 143(3)Section 147Section 37Section 37(1)Section 69A

provision of Section 132(4) of the Act in the context of discovering undisclosed income, explained that in cases where no unaccounted documents or incriminating material is found, the powers under Section 132(4) of the Act cannot be invoked. The relevant passage from the aforesaid judgment is quoted below ... able to find any unaccounted money, unaccounted bullion nor any other valuable articles or things, nor any unaccounted documents nor any such incriminating material either from the premises of the company or from the residential houses of the managing director _and_ other directors. In such a case, when the managing

Vestige Marketing Pvt Ltd, Delhi vs. DCIT, Central Circle- 05, Delhi

ITA 5518/DEL/2025[2021-22]Status: DisposedITAT Delhi20 Mar 2026AY 2021-22

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

For Appellant: Shri Amit Goel andFor Respondent: Ms. Monika Singh, CIT-DR
Section 132Section 133(6)Section 143(3)Section 147Section 37Section 37(1)Section 69A

provision of Section 132(4) of the Act in the context of discovering undisclosed income, explained that in cases where no unaccounted documents or incriminating material is found, the powers under Section 132(4) of the Act cannot be invoked. The relevant passage from the aforesaid judgment is quoted below ... able to find any unaccounted money, unaccounted bullion nor any other valuable articles or things, nor any unaccounted documents nor any such incriminating material either from the premises of the company or from the residential houses of the managing director _and_ other directors. In such a case, when the managing

Vestige Marketing Pvt Ltd, Delhi vs. DCIT, Central Circle-05, Delhi

ITA 5517/DEL/2025[2020-21]Status: DisposedITAT Delhi20 Mar 2026AY 2020-21

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

Section 132Section 133(6)Section 143(3)Section 147Section 37Section 37(1)Section 69A

provision of Section 132(4) of the Act in the context of discovering undisclosed income, explained that in cases where no unaccounted documents or incriminating material is found, the powers under Section 132(4) of the Act cannot be invoked. The relevant passage from the aforesaid judgment is quoted below ... able to find any unaccounted money, unaccounted bullion nor any other valuable articles or things, nor any unaccounted documents nor any such incriminating material either from the premises of the company or from the residential houses of the managing director and other directors. In such a case, when the managing

Vestige Marketing Pvt Ltd, New Delhi vs. DCIT, Central Circle- 05, Delhi

ITA 5516/DEL/2025[2019-20]Status: DisposedITAT Delhi20 Mar 2026AY 2019-20

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

Section 132Section 133(6)Section 143(3)Section 147Section 37Section 37(1)Section 69A

provision of Section 132(4) of the Act in the context of discovering undisclosed income, explained that in cases where no unaccounted documents or incriminating material is found, the powers under Section 132(4) of the Act cannot be invoked. The relevant passage from the aforesaid judgment is quoted below ... able to find any unaccounted money, unaccounted bullion nor any other valuable articles or things, nor any unaccounted documents nor any such incriminating material either from the premises of the company or from the residential houses of the managing director and other directors. In such a case, when the managing

Vestige Marketing Pvt. Ltd., Delhi vs. DCIT, Central Circle- 05, Delhi

ITA 5515/DEL/2025[2018-19]Status: DisposedITAT Delhi20 Mar 2026AY 2018-19

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

For Appellant: Shri Amit Goel andFor Respondent: Ms. Monika Singh, CIT-DR
Section 132Section 133(6)Section 143(3)Section 147Section 37Section 37(1)Section 69A

provision of Section 132(4) of the Act in the context of discovering undisclosed income, explained that in cases where no unaccounted documents or incriminating material is found, the powers under Section 132(4) of the Act cannot be invoked. The relevant passage from the aforesaid judgment is quoted below ... able to find any unaccounted money, unaccounted bullion nor any other valuable articles or things, nor any unaccounted documents nor any such incriminating material either from the premises of the company or from the residential houses of the managing director and other directors. In such a case, when the managing

H K Ispat Pvt. Ltd., Panchmahal vs. The Dy.CIT, Central Circle-2, Vadodara

In the result, all the appeals filed by the Revenue for AYs 2014–15 to 2021–

ITA 1392/AHD/2025[2021-22]Status: DisposedITAT Ahmedabad18 Mar 2026AY 2021-22

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra R. Kamblesn

Section 250Section 68

addition made by the AO. This indicates that the AO relied entirety on the details mentioned in Form 3CD rather than on any incriminating material found during the search. Consequently, the affidavits cannot be considered incriminating in nature, and any addition or proceedings based on them are unjustifiable. The appellant ... find that these affidavits, prepared for banking purposes and following a specific format for liquid assets and immovable property, cannot be termed as "incriminating material" regarding the existence of inter-family loans. The loans were already recorded in the regular books of account and subject to audit long before

ACIT, Central Circle-2, Vadodara vs. Hk Ispat Pvt Ltd, Godhra

In the result, all the appeals filed by the Revenue for AYs 2014–15 to 2021–

ITA 1278/AHD/2025[2021-22]Status: DisposedITAT Ahmedabad18 Mar 2026AY 2021-22

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra R. Kamblesn

Section 250Section 68

addition made by the AO. This indicates that the AO relied entirety on the details mentioned in Form 3CD rather than on any incriminating material found during the search. Consequently, the affidavits cannot be considered incriminating in nature, and any addition or proceedings based on them are unjustifiable. The appellant ... find that these affidavits, prepared for banking purposes and following a specific format for liquid assets and immovable property, cannot be termed as "incriminating material" regarding the existence of inter-family loans. The loans were already recorded in the regular books of account and subject to audit long before

ACIT, Central Circle-2, Vadodara vs. Hk Ispat Pvt Ltd, Godhra

In the result, all the appeals filed by the Revenue for AYs 2014–15 to 2021–

ITA 1277/AHD/2025[2014-15]Status: DisposedITAT Ahmedabad18 Mar 2026AY 2014-15

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra R. Kamblesn

Section 250Section 68

addition made by the AO. This indicates that the AO relied entirety on the details mentioned in Form 3CD rather than on any incriminating material found during the search. Consequently, the affidavits cannot be considered incriminating in nature, and any addition or proceedings based on them are unjustifiable. The appellant ... find that these affidavits, prepared for banking purposes and following a specific format for liquid assets and immovable property, cannot be termed as "incriminating material" regarding the existence of inter-family loans. The loans were already recorded in the regular books of account and subject to audit long before

Abdul Salam Shaik, Piler vs. Income Tax Officer, Ward-1(1), Tirupati

In the result, the appeal of the assessee is partly allowed for statistical

ITA 1371/HYD/2025[2017-18]Status: DisposedITAT Hyderabad18 Mar 2026AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

Section 142(1)Section 143(2)Section 143(3)Section 250Section 68Section 69

evidences, which is a violation of principles of natural justice. 6. The impugned addition is based on surmises and conjectures and not on any incriminating material or independent enquiry by the Assessing Officer. The rejection of genuine sale deeds, registered loan documents, and bank statements is arbitrary, unjustified, and contrary

DCIT Central Circle -28, New Delhi vs. Manoj Kumar Singh, New Delhi

In the result, appeal filed by the assessee is allowed in above terms and the appeal of the Revenue is dismissed

ITA 8069/DEL/2025[2013-14]Status: DisposedITAT Delhi18 Mar 2026AY 2013-14

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

Section 132ASection 153DSection 28

allegedly cash transaction. Printouts found and seized from the residence of Shri Devesh Singh of the said excel files were also considered to be incriminating material. Then, diaries were impounded from office of M/s. Singh and Associates, which were also impounded as per provisions of section ... procedure of search assessment includes active participation of the approving authority and therefore approving authority can be presumed to be sufficiently aware of the incriminating materials. It was submitted that particularly in the case of the present assessee, the approval was sought on 28.03.2022 and approval has been granted

Manoj Kumar Singh, Delhi vs. DCIT(A) Central Circle-28, Delhi

In the result, appeal filed by the assessee is allowed in above terms and the appeal of the Revenue is dismissed

ITA 6383/DEL/2025[2013-14]Status: DisposedITAT Delhi18 Mar 2026AY 2013-14

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

Section 132ASection 153DSection 28

allegedly cash transaction. Printouts found and seized from the residence of Shri Devesh Singh of the said excel files were also considered to be incriminating material. Then, diaries were impounded from office of M/s. Singh and Associates, which were also impounded as per provisions of section ... procedure of search assessment includes active participation of the approving authority and therefore approving authority can be presumed to be sufficiently aware of the incriminating materials. It was submitted that particularly in the case of the present assessee, the approval was sought on 28.03.2022 and approval has been granted

ACIT, New Delhi vs. Corporate International Financial Services Limited, Delhi

In the result, Cross Objection No

ITA 4806/DEL/2025[2013-14]Status: DisposedITAT Delhi18 Mar 2026AY 2013-14

Bench: Yogesh Kumar U.S. & Shri Manish Agarwalassistant Commissioner Of Income Vs Corporate International Tax, Central Cordcle-04, Room No. Financial Services Limited 333, 3Rd Floor, Ara Centre, Sector B Pkt-1, Vasant Jhandewalan Extension , New Delhi Kunj, South Delhi, Delhi Pan: Aaack0329B Appellant Respondent C.O No. 270/Del/2025 In Ita No. 4806/Del/2025 Corporate International Financial Vs Assistant Commissioner Of Services Limited Income Tax, Central Sector B Pkt-1, Vasant Kunj, South Cordcle-04, Room No. 333, Delhi, Delhi 3Rd Floor, Ara Centre, Pan: Aaack0329B Jhandewalan Extension , New Delhi Appellant Respondent Assessee By Sh. Somil Aggarwal, Adv & Sh. Deepesh Garg, Adv Revenue By Sh. Dayainder Singh Sidhu, Cit Dr Date Of Hearing 16/03/2026 Date Of Pronouncement 18/03/2026 Order Per Yogesh Kumar, U.S. Jm: The Captioned Appeal Is Filed By The Revenue & The Cross Objection Is Filed By The Assessee Against The Order Of The Commissioner Of Income Tax Appeal, (Ld. Cit(A) For Short) Delhi-23 Dated 24/04/2025 Pertaining To Assessment Year 2013-14. 2. The Ld. Counsel For The Assessee Addressing On The Ground No. 3 Of Cross Objection, Contended That The Assessment Order Has Been Passed Based On The Invalid Approval Accorded Under Section 153D Of 2Ita No. 4806/D/2025 & C.O. No. 270/D/2025 Acit Vs. Corporate International

Section 153D

respect of eight cases by a single order which included multiple years. There is no reference to examination of any assessment record or incriminating material and any 4ITA No. 4806/D/2025 & C.O. No. 270/D/2025 ACIT Vs. Corporate International objective reasoning leading to the conclusion, hence, the approval u/s 153D

ACIT, Circle-1(1), Bhubaneswar vs. Hi Tech Estates & Promoters Private Limited, Bhubaneswar

In the result, all the captioned appeals filed by the revenue are partly allowed

ITA 738/CTK/2025[2004-05]Status: DisposedITAT Cuttack16 Mar 2026AY 2004-05

Bench: Shri George Mathan & Shri Rajesh Kumarita Nos.732, 733 & 734/Ctk/2025 Assessment Years 2006-07, 2005-06 & 2004-05 Acit, Circle-1(1), Rajdhani Systems & Estates Bhubaneswar Pvt. Ltd. Vs Bhubaneswar, Odisha- 751007. (Pan: Aabcr8271L) (Appellant) (Respondent)

For Appellant: Shri B. D. Ojha & Abhishek Ojha, ARsFor Respondent: Shri Ashim Kr. Chakraborty, CIT- DR
Section 139Section 139(1)Section 143Section 143(2)Section 153ASection 254(1)

been issued to the assessee in respect of return filed by the assessee and the second is that there is no incriminating material found in the course of search which has been used for the purpose of assessment and consequently applied the principle laid down by the Hon’ble Supreme ... provisions of section 139 of the Act, no notice u/s 143(2) can be issued. It was further submitted that the issue of incriminating material and the applicability of the decision of the Hon’ble Supreme Court in the case of PCIT vs. Abhisar Buildwell Pvt. Ltd. referred supra would

ACIT, Circle-1(1), Bhubaneswar vs. Hi Tech Estates & Promoters Private Limited, Bhubaneswar

In the result, all the captioned appeals filed by the revenue are partly allowed

ITA 737/CTK/2025[2003-04]Status: DisposedITAT Cuttack16 Mar 2026AY 2003-04

Bench: Shri George Mathan & Shri Rajesh Kumarita Nos.732, 733 & 734/Ctk/2025 Assessment Years 2006-07, 2005-06 & 2004-05 Acit, Circle-1(1), Rajdhani Systems & Estates Bhubaneswar Pvt. Ltd. Vs Bhubaneswar, Odisha- 751007. (Pan: Aabcr8271L) (Appellant) (Respondent)

For Appellant: Shri B. D. Ojha & Abhishek Ojha, ARsFor Respondent: Shri Ashim Kr. Chakraborty, CIT- DR
Section 139Section 139(1)Section 143Section 143(2)Section 153ASection 254(1)

been issued to the assessee in respect of return filed by the assessee and the second is that there is no incriminating material found in the course of search which has been used for the purpose of assessment and consequently applied the principle laid down by the Hon’ble Supreme ... provisions of section 139 of the Act, no notice u/s 143(2) can be issued. It was further submitted that the issue of incriminating material and the applicability of the decision of the Hon’ble Supreme Court in the case of PCIT vs. Abhisar Buildwell Pvt. Ltd. referred supra would

ACIT, Circle-1(1), Bhubaneswar vs. Rajdhani Systems & Estates Private Limited, Bhubaneswar

In the result, all the captioned appeals filed by the revenue are partly allowed

ITA 734/CTK/2025[2004-05]Status: DisposedITAT Cuttack16 Mar 2026AY 2004-05

Bench: Shri George Mathan & Shri Rajesh Kumarita Nos.732, 733 & 734/Ctk/2025 Assessment Years 2006-07, 2005-06 & 2004-05 Acit, Circle-1(1), Rajdhani Systems & Estates Bhubaneswar Pvt. Ltd. Vs Bhubaneswar, Odisha- 751007. (Pan: Aabcr8271L) (Appellant) (Respondent)

For Appellant: Shri B. D. Ojha & Abhishek Ojha, ARsFor Respondent: Shri Ashim Kr. Chakraborty, CIT- DR
Section 139Section 139(1)Section 143Section 143(2)Section 153ASection 254(1)

been issued to the assessee in respect of return filed by the assessee and the second is that there is no incriminating material found in the course of search which has been used for the purpose of assessment and consequently applied the principle laid down by the Hon’ble Supreme ... provisions of section 139 of the Act, no notice u/s 143(2) can be issued. It was further submitted that the issue of incriminating material and the applicability of the decision of the Hon’ble Supreme Court in the case of PCIT vs. Abhisar Buildwell Pvt. Ltd. referred supra would