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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. Exhibits India Pvt. Ltd., Kolkata vs. A.C.I.T., CC - 4(1), Kolkata

The appeal of the assessee is allowed

ITA 2481/KOL/2024[2016-2017]Status: DisposedITAT Kolkata26 Feb 2025AY 2016-2017

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2481/Kol/2024 Assessment Year: 2016-17 M/S Exhibits India Pvt. Ltd. .……………………………………..….……….Appellant P-496, Keyatala Road, Kolkata – 700029. [Pan: Aabce1359C] Vs. Acit, Central Circle-4(1), Kolkata….…….............……........……...…..…..Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Jyoti Dugar, Ar, Appeared On Behalf Of The Assessee. Shri Sailen Samadder, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : February 25, 2025 Date Of Pronouncing The Order : February 26, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 09.09.2024 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Registry Has Informed That There Is A Delay Of 6 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause & The Delay Was Not Intentional. We, Therefore, Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. The Assessee In The Instant Appeal Has Raised Various Grounds But The Primary Issue Under Consideration Is That An Addition Made By The Assessing Officer U/S 40A(3) Of The Act Alleging The Violation Of Provision Of Cash Payment & Whether The Assessment Made U/S 153A R.W.S.

Section 132(1)Section 133ASection 143(3)Section 153ASection 250Section 40A(3)

r.w.s. I.T.A. No.2481/Kol/2024 Assessment Year: 2016-17 M/s Exhibits India Pvt. Ltd. 143(3) of the Act is violated in the absence of any incriminating material found during the search operation. 4. Brief facts of the case are that the assessee is a company and filed its return of income ... Proviso to section 153A, only assessments that are pending on the date of search, can be reopened. The ld. AR emphasised that no incriminating materials were found during the search operation to warrant any addition u/s 153A of the Act to be made. He, therefore, stated that the alleged addition

Assistant Commissioner of Income Tax, Central Circle-3(4), Hyderabad vs. Ankaa Realtors, Hyderabad

In the result, appeal filed by the Revenue and assessee for the A

ITA 75/HYD/2021[2017-18]Status: DisposedITAT Hyderabad25 Feb 2025AY 2017-18

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.71/Hyd/2021 To 75/Hyd/2021 (निर्धारण वर्ा/A.Y.: 2011-12, 2012-13, 2015-16 To 2017-18) Asst.Commissioner Of Vs. M/S Ankaa Realtors Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.102/Hyd/2021 To 108/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12 To 2017-18) M/S Ankaa Realtors Vs. Asst.Commissioner Of Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 27/11/2024 घोर्णध की तधरीख/Date Of 25/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Cross Appeals Filed By The Revenue & The Assessee Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12 To 2017-18. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 139Section 139(1)Section 139(5)Section 153A

assessee, including relevant land syndication agreement, MOU between the parties and confirmation from Delhi based companies. Further, Mr.Amit Bansal has been searched and no incriminating material is seized from him. No enquiries were made with Mr.Afzal and stated to have received cash, which was deposited into the bank account ... same has been given to Mr.Afzal. The department has conducted search in the case of Mr.Amit Bansal, but has not found any incriminating material related to above transactions. Further, the Assessing Officer has not conducted any enquiry with Mr.Afzal, who stated to have returned cash, which was deposited into

Assistant Commissioner of Income Tax, Central Circle -3(4), Hyderabad vs. Ankaa Realtors, Hyderabad

In the result, appeal filed by the Revenue and assessee for the A

ITA 74/HYD/2021[2016-17]Status: DisposedITAT Hyderabad25 Feb 2025AY 2016-17

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.71/Hyd/2021 To 75/Hyd/2021 (निर्धारण वर्ा/A.Y.: 2011-12, 2012-13, 2015-16 To 2017-18) Asst.Commissioner Of Vs. M/S Ankaa Realtors Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.102/Hyd/2021 To 108/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12 To 2017-18) M/S Ankaa Realtors Vs. Asst.Commissioner Of Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 27/11/2024 घोर्णध की तधरीख/Date Of 25/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Cross Appeals Filed By The Revenue & The Assessee Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12 To 2017-18. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 139Section 139(1)Section 139(5)Section 153A

assessee, including relevant land syndication agreement, MOU between the parties and confirmation from Delhi based companies. Further, Mr.Amit Bansal has been searched and no incriminating material is seized from him. No enquiries were made with Mr.Afzal and stated to have received cash, which was deposited into the bank account ... same has been given to Mr.Afzal. The department has conducted search in the case of Mr.Amit Bansal, but has not found any incriminating material related to above transactions. Further, the Assessing Officer has not conducted any enquiry with Mr.Afzal, who stated to have returned cash, which was deposited into

Assistant Commissioner of Income Tax, Central Circle -3(4), Hyderabad vs. Ankaa Realtors, Hyderabad

In the result, appeal filed by the Revenue and assessee for the A

ITA 73/HYD/2021[2015-16]Status: DisposedITAT Hyderabad25 Feb 2025AY 2015-16

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.71/Hyd/2021 To 75/Hyd/2021 (निर्धारण वर्ा/A.Y.: 2011-12, 2012-13, 2015-16 To 2017-18) Asst.Commissioner Of Vs. M/S Ankaa Realtors Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.102/Hyd/2021 To 108/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12 To 2017-18) M/S Ankaa Realtors Vs. Asst.Commissioner Of Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 27/11/2024 घोर्णध की तधरीख/Date Of 25/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Cross Appeals Filed By The Revenue & The Assessee Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12 To 2017-18. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 139Section 139(1)Section 139(5)Section 153A

assessee, including relevant land syndication agreement, MOU between the parties and confirmation from Delhi based companies. Further, Mr.Amit Bansal has been searched and no incriminating material is seized from him. No enquiries were made with Mr.Afzal and stated to have received cash, which was deposited into the bank account ... same has been given to Mr.Afzal. The department has conducted search in the case of Mr.Amit Bansal, but has not found any incriminating material related to above transactions. Further, the Assessing Officer has not conducted any enquiry with Mr.Afzal, who stated to have returned cash, which was deposited into

Assistant Commissioner of Income Tax, Central Circle -3(4), Hyderabad vs. Ankaa Realtors, Hyderabad

In the result, appeal filed by the Revenue and assessee for the A

ITA 72/HYD/2021[2012-13]Status: DisposedITAT Hyderabad25 Feb 2025AY 2012-13

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.71/Hyd/2021 To 75/Hyd/2021 (निर्धारण वर्ा/A.Y.: 2011-12, 2012-13, 2015-16 To 2017-18) Asst.Commissioner Of Vs. M/S Ankaa Realtors Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.102/Hyd/2021 To 108/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12 To 2017-18) M/S Ankaa Realtors Vs. Asst.Commissioner Of Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 27/11/2024 घोर्णध की तधरीख/Date Of 25/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Cross Appeals Filed By The Revenue & The Assessee Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12 To 2017-18. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 139Section 139(1)Section 139(5)Section 153A

assessee, including relevant land syndication agreement, MOU between the parties and confirmation from Delhi based companies. Further, Mr.Amit Bansal has been searched and no incriminating material is seized from him. No enquiries were made with Mr.Afzal and stated to have received cash, which was deposited into the bank account ... same has been given to Mr.Afzal. The department has conducted search in the case of Mr.Amit Bansal, but has not found any incriminating material related to above transactions. Further, the Assessing Officer has not conducted any enquiry with Mr.Afzal, who stated to have returned cash, which was deposited into

Assistant Commissioner of Income Tax, Central Circle-3(4), Hyderabad vs. Ankaa Realtors, Hyderabad

In the result, appeal filed by the Revenue and assessee for the A

ITA 71/HYD/2021[2011-12]Status: DisposedITAT Hyderabad25 Feb 2025AY 2011-12

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.71/Hyd/2021 To 75/Hyd/2021 (निर्धारण वर्ा/A.Y.: 2011-12, 2012-13, 2015-16 To 2017-18) Asst.Commissioner Of Vs. M/S Ankaa Realtors Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.102/Hyd/2021 To 108/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12 To 2017-18) M/S Ankaa Realtors Vs. Asst.Commissioner Of Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 27/11/2024 घोर्णध की तधरीख/Date Of 25/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Cross Appeals Filed By The Revenue & The Assessee Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12 To 2017-18. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 139Section 139(1)Section 139(5)Section 153A

assessee, including relevant land syndication agreement, MOU between the parties and confirmation from Delhi based companies. Further, Mr.Amit Bansal has been searched and no incriminating material is seized from him. No enquiries were made with Mr.Afzal and stated to have received cash, which was deposited into the bank account ... same has been given to Mr.Afzal. The department has conducted search in the case of Mr.Amit Bansal, but has not found any incriminating material related to above transactions. Further, the Assessing Officer has not conducted any enquiry with Mr.Afzal, who stated to have returned cash, which was deposited into

Ankaa Realtors, Hyderabad vs. Assistant Commissioner of Income Tax Central Circle3-(4), Hyderabad

In the result, appeal filed by the Revenue and assessee for the A

ITA 108/HYD/2021[2017-18]Status: DisposedITAT Hyderabad25 Feb 2025AY 2017-18

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.71/Hyd/2021 To 75/Hyd/2021 (निर्धारण वर्ा/A.Y.: 2011-12, 2012-13, 2015-16 To 2017-18) Asst.Commissioner Of Vs. M/S Ankaa Realtors Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.102/Hyd/2021 To 108/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12 To 2017-18) M/S Ankaa Realtors Vs. Asst.Commissioner Of Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 27/11/2024 घोर्णध की तधरीख/Date Of 25/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Cross Appeals Filed By The Revenue & The Assessee Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12 To 2017-18. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 139Section 139(1)Section 139(5)Section 153A

assessee, including relevant land syndication agreement, MOU between the parties and confirmation from Delhi based companies. Further, Mr.Amit Bansal has been searched and no incriminating material is seized from him. No enquiries were made with Mr.Afzal and stated to have received cash, which was deposited into the bank account ... same has been given to Mr.Afzal. The department has conducted search in the case of Mr.Amit Bansal, but has not found any incriminating material related to above transactions. Further, the Assessing Officer has not conducted any enquiry with Mr.Afzal, who stated to have returned cash, which was deposited into