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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

Raman Goyal, Chandigarh vs. Deputy Commissioner of Income Tax Central Circle 1, Chandigarh

In the result, both the appeals are allowed

ITA 40/CHANDI/2025[2015-16]Status: DisposedITAT Chandigarh02 Feb 2026AY 2015-16

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 40/Chd/2025 "नधा"रण वष" / Assessment Year: 2015-16 Raman Goyal, The Dcit, House No. 309, Vs Central Circle-1, Sector 9, Chandigarh. Chandigarh. "थायीलेखासं./Pan No: Aanpg9677J अपीलाथ"/Appellant ""यथ"/Respondent आयकर अपील सं./ Ita Nos. 35,36/Chd/2025 "नधा"रण वष" / Assessment Year: 2018-19, 2019-20 Raman Goyal, The Dcit, House No. 309, Vs Chandigarh. Sector 9, Chandigarh. "थायीलेखासं./Pan No: Aanpg9677J अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Yogesh Monga, Ca Revenue By : Shri Bharat Bhushan Garg, Cit Dr Date Of Hearing : 29.01.2026 Date Of Pronouncement : 02.02.2026 Hybrid Hearing O R D E R

For Appellant: Shri Yogesh Monga, CAFor Respondent: Shri Bharat Bhushan Garg, CIT DR
Section 132(1)Section 143(2)Section 143(3)Section 153ASection 23(1)

assessment order attained finality before the search was carried out. The assessments in both the years could only abate if some incriminating material was found. No such incriminating material has been referred by the AO in both the assessments. The AO has referred certain agreements under which this house property ... basis of these agreements and this information was withheld by the assessee from the department. Therefore, it can be considered as an incriminating material. The ld. Assessing Officer has erred in making the additions which are in contravention to the position of law laid down by the Hon'ble Supreme

Raman Goyal, Chandigarh vs. Deputy Commissioner of Income Tax, Chandigarh

In the result, both the appeals are allowed

ITA 36/CHANDI/2025[2019-20]Status: DisposedITAT Chandigarh02 Feb 2026AY 2019-20

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 40/Chd/2025 "नधा"रण वष" / Assessment Year: 2015-16 Raman Goyal, The Dcit, House No. 309, Vs Central Circle-1, Sector 9, Chandigarh. Chandigarh. "थायीलेखासं./Pan No: Aanpg9677J अपीलाथ"/Appellant ""यथ"/Respondent आयकर अपील सं./ Ita Nos. 35,36/Chd/2025 "नधा"रण वष" / Assessment Year: 2018-19, 2019-20 Raman Goyal, The Dcit, House No. 309, Vs Chandigarh. Sector 9, Chandigarh. "थायीलेखासं./Pan No: Aanpg9677J अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Yogesh Monga, Ca Revenue By : Shri Bharat Bhushan Garg, Cit Dr Date Of Hearing : 29.01.2026 Date Of Pronouncement : 02.02.2026 Hybrid Hearing O R D E R

For Appellant: Shri Yogesh Monga, CAFor Respondent: Shri Bharat Bhushan Garg, CIT DR
Section 132(1)Section 143(2)Section 143(3)Section 153ASection 23(1)

assessment order attained finality before the search was carried out. The assessments in both the years could only abate if some incriminating material was found. No such incriminating material has been referred by the AO in both the assessments. The AO has referred certain agreements under which this house property ... basis of these agreements and this information was withheld by the assessee from the department. Therefore, it can be considered as an incriminating material. The ld. Assessing Officer has erred in making the additions which are in contravention to the position of law laid down by the Hon'ble Supreme

Raman Goyal, Chandigarh vs. Deputy Commissioner of Income Tax, Chandigarh

In the result, both the appeals are allowed

ITA 35/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh02 Feb 2026AY 2018-19

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 40/Chd/2025 "नधा"रण वष" / Assessment Year: 2015-16 Raman Goyal, The Dcit, House No. 309, Vs Central Circle-1, Sector 9, Chandigarh. Chandigarh. "थायीलेखासं./Pan No: Aanpg9677J अपीलाथ"/Appellant ""यथ"/Respondent आयकर अपील सं./ Ita Nos. 35,36/Chd/2025 "नधा"रण वष" / Assessment Year: 2018-19, 2019-20 Raman Goyal, The Dcit, House No. 309, Vs Chandigarh. Sector 9, Chandigarh. "थायीलेखासं./Pan No: Aanpg9677J अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Yogesh Monga, Ca Revenue By : Shri Bharat Bhushan Garg, Cit Dr Date Of Hearing : 29.01.2026 Date Of Pronouncement : 02.02.2026 Hybrid Hearing O R D E R

For Appellant: Shri Yogesh Monga, CAFor Respondent: Shri Bharat Bhushan Garg, CIT DR
Section 132(1)Section 143(2)Section 143(3)Section 153ASection 23(1)

assessment order attained finality before the search was carried out. The assessments in both the years could only abate if some incriminating material was found. No such incriminating material has been referred by the AO in both the assessments. The AO has referred certain agreements under which this house property ... basis of these agreements and this information was withheld by the assessee from the department. Therefore, it can be considered as an incriminating material. The ld. Assessing Officer has erred in making the additions which are in contravention to the position of law laid down by the Hon'ble Supreme