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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

Assistant Commisioner of Income Tax Central Circle-3(4), Hyderabad vs. Asma Estates & Investments Private Limited, Hyderabad

In the result, appeal filed by the Revenue is dismissed

ITA 37/HYD/2021[2011-12]Status: DisposedITAT Hyderabad13 Feb 2025AY 2011-12

Bench: Shri Manjunatha G. & Shri K.Narsimha Charyआ.अपी.सं /Ita No.37/Hyd/2021 To 39/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12, 2013-14 & 2014-15) Asst.Commissioner Of Vs. M/S Asma Estates & Income Tax Investments Pvt.Ltd. Central Circle-3(4) Secunderabad Hyderabad [Pan : Aaica2191F] (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: 21/11/2024 घोर्णध की तधरीख/Date Of 13/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Appeals Filed By The Revenue 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, 2013-14 & 2014-15. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue Are Being Heard Together & Are Being Disposed Off, By This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 143(1)Section 153ASection 153C

case of Ajaz Farooqi and his related concerns on 04.07.2017. During the course of search at the residential premises of Ajaz Farooqi, certain incriminating material was found and seized vide Annexure A/AF/01. Further, at the time of search in the residential premises of Jayanta Kumar Dutta, GM Finance ... Rail Infra Projects Pvt.Ltd., certain incriminating material was found and seized vide Annexure A/JKD/RES/04 and A/JKD/RES/05. During the course of search assessment proceedings in the case of Ajaz Farooqi and Jayanta Kumar Dutta, the seized material was verified and found that the material seized pertains to M/s Asma Estates & Investments

A.C.I.T., Central Circle-4(3), Kolkata vs. Jaideep Halwasiya, Kolkata

In the result, the appeal of the Revenue is dismissed and the cross objection by the assessee is allowed

ITA 2284/KOL/2024[2015-16]Status: DisposedITAT Kolkata13 Feb 2025AY 2015-16

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Jaideep Halwasiya Acit, Central Circle-4(3) 3Rd Floor, P-34, India Aaykar Bhavan Poorva, Exchange Place, 110 Shantipally, Kolkata-700107 Vs. Kolkata-700001, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aawph1706L Co No. 50/Kol/2024 (Arising Out Of Ita No. 2284/Kol/2024 For A.Y. 2015-16) Jaideep Halwasiya Acit, Central Circle-4(3) 3Rd Floor, P-34, India Aaykar Bhavan Poorva, Exchange Place, 110 Shantipally, Kolkata-700107 Vs. Kolkata-700001, West Bengal West Bengal (Appellant) (Respondent) Assessee By : Shri S.K. Tulsiyan, Ar Revenue By : Shri Guru Bhashyam, Dr Date Of Hearing: 23.01.2025 Date Of Pronouncement : 13.02.2025

For Appellant: Shri S.K. Tulsiyan, ARFor Respondent: Shri Guru Bhashyam, DR
Section 132(1)Section 143(3)Section 153ASection 153CSection 153C(1)

search action u/s 132(1) of the Act was conducted on 06.02.2019, in case of Shri Avtar Singh Kochar, wherein certain incriminating materials marked as Annexure A-1 & A-2, Team KG-01, was found and seized. These were the digital evidences in the form of conversation and whatsapp chats ... allowed the appeal of the assessee on the legal issue that the additions made by the AO was not made with reference to any incriminating material seized during the course of search and therefore, proceeding along with addition made u/s 153C of the Act was treated as void