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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

Rnb Infrastructure Pvt Ltd, Delhi vs. DCIT, Central Circle -32, Delhi

In the result, captioned appeals of the assessee are allowed

ITA 2588/DEL/2022[2013-14]Status: DisposedITAT Delhi16 Dec 2024AY 2013-14

Bench: Pradip Kumar Kedia & Shri Anubhav Sharmaita No.2588/Del/2022 (Assessment Year : 2013-14) Ita No.2590/Del/2022 (Assessment Year : 2015-16) Ita No.2592/Del/2022 (Assessment Year : 2017-18) Rnb Infrastructure Pvt. Ltd. Vs. Dcit, Rnb House, 1, Shivaji Enclave, Central Circle-32, Main Road, Near Raja Garden, Opp. New Delhi Mother Dairy, New Delhi-110027 Pan No. Aadcr0962Q (Appellant) (Respondent) Assessee By Shri Ved Jain, Adv. & Sh. Aman Garg, Ca Revenue By Ms. Suman Malik, Cit-Dr Date Of Hearing: 18.09.2024 Date Of Pronouncement: 16.12.2024 Order Per Pradip Kumar Kedia, Am : The Captioned Appeals Filed By The Assessee Against The Respective Orders Passed Under S. 250 Of The Income Tax Act, 1961 (The Act) By The Ld.Cit(A) Is Tabulated Hereunder:-

Section 1Section 153A

challenged on three broad issues. Firstly, the additions made by the AO in the assessment framed under s. 153A are unconnected to any incriminating material found in the course of search as is self-evident from panchnama as well as the assessment orders. The assessment under s. 153A has been ... followed in many other judgements delivered by Hon’ble Supreme Court. Consequently, the scope of assessment order under s. 153A is restricted to the incriminating material found in the course of search in the case of assessee. Secondly, the additions made in the proceedings under s. 153A based on material

DCIT, Central Circle 2(3), Chennai vs. Sivasubramanian, Karur

In the result, all the appeals of the Revenue and all the COs of the assessee are dismissed

ITA 1243/CHNY/2024[2018-19]Status: DisposedITAT Chennai13 Dec 2024AY 2018-19

Bench: Hon’Bleshri Manu Kumar Giriand Hon’Ble Shri S.R. Raghunathaआयकर अपील सं./Ita No.1208/Chny/2024 & C.O.No.35/Chny/2024 (In Ita No.1208/Chny/2024) िनधा"रण वष"/Assessment Year:2018-2019. The Assistant Commissioner P. Selvaraj, Of Income Tax, Vs. 5/68,Kurumbapatty, Central Circle 2, Pavithram Po Trichy Karur 639 002. Pan: Boips 1370G Respondent/Cross Objector Appellant आयकर अपील सं./Ita No.1212/Chny/2024 & C.O.No.36/Chny/2024 (In Ita No.1212/Chny/2024) िनधा"रण वष"/Assessment Year:2018-2019. The Assistant Commissioner K.N. Prabhu, Of Income Tax, Vs. 23, Bharathi Nagar, Central Circle 2, Karur 639 002 Trichy Pan: Aczpp 6832G Appellant Respondent/Cross Objector

Section 132Section 153C

Rs.2,50,00,000/- towards assessee's unaccounted deposit u/s.69A in M/s.Cholan Auto Finance as a partner of the firm as evidenced by incriminating material seized during the course of search vide loose sheet titled as "CAF balance sheet-30.06.2017", contents of which were confirmed by Shri. K.Sakthivel, accountant ... assessee and the orders of the lower authorities. It is admitted fact that the additions had been made by the AO based on incriminating material only. Further, we have observed that the financial position extracted / culled out and furnished by the assessee from the incriminating materialsi.e. books of accounts maintained

Assistant Commissioner of Income Tax, Central Circle-2, Trichy vs. K.N.Prabhu, Karur

In the result, all the appeals of the Revenue and all the COs of the assessee are dismissed

ITA 1212/CHNY/2024[2018-19]Status: DisposedITAT Chennai13 Dec 2024AY 2018-19

Bench: Hon’Bleshri Manu Kumar Giriand Hon’Ble Shri S.R. Raghunathaआयकर अपील सं./Ita No.1208/Chny/2024 & C.O.No.35/Chny/2024 (In Ita No.1208/Chny/2024) िनधा"रण वष"/Assessment Year:2018-2019. The Assistant Commissioner P. Selvaraj, Of Income Tax, Vs. 5/68,Kurumbapatty, Central Circle 2, Pavithram Po Trichy Karur 639 002. Pan: Boips 1370G Respondent/Cross Objector Appellant आयकर अपील सं./Ita No.1212/Chny/2024 & C.O.No.36/Chny/2024 (In Ita No.1212/Chny/2024) िनधा"रण वष"/Assessment Year:2018-2019. The Assistant Commissioner K.N. Prabhu, Of Income Tax, Vs. 23, Bharathi Nagar, Central Circle 2, Karur 639 002 Trichy Pan: Aczpp 6832G Appellant Respondent/Cross Objector

Section 132Section 153C

Rs.2,50,00,000/- towards assessee's unaccounted deposit u/s.69A in M/s.Cholan Auto Finance as a partner of the firm as evidenced by incriminating material seized during the course of search vide loose sheet titled as "CAF balance sheet-30.06.2017", contents of which were confirmed by Shri. K.Sakthivel, accountant ... assessee and the orders of the lower authorities. It is admitted fact that the additions had been made by the AO based on incriminating material only. Further, we have observed that the financial position extracted / culled out and furnished by the assessee from the incriminating materialsi.e. books of accounts maintained

Cholan Auto Finance, Karur vs. Deputy Commissioner of Income Tax (Central Circle 2), Trichy, Tiruchirappalli

In the result, both the appeal of the Revenue in ITA

ITA 1155/CHNY/2024[2018-19]Status: DisposedITAT Chennai13 Dec 2024AY 2018-19

Bench: Hon’Ble Shri Manu Kumar Giriand Hon’Ble Shri S.R. Raghunathaआयकरअपीलसं./Ita Nos.1155 & 1156/Chny/2024 िनधा"रणवष"/Assessment Year:2018-2019 M/S. Cholan Auto Finance, Vs. The Deputy Commissioner Of Income Tax, 43, Padma Tower, 3Rd Floor, Central Circle 2, Covai Road, Trichy. Karur 639 002. आयकरअपीलसं./Ita Nos.1191 & 1192/Chny/2024 िनधा"रणवष"/Assessment Year:2018-2019 The Assistant Commissioner Of M/S. Cholan Auto Finance, Income Tax, 43, Padma Tower, 3Rd Floor, Vs Central Circle 2, . Covai Road, Trichy. Karur 639 002. [Pan : Aagfc 1043B] (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee By : Shri N.V.Balaji, Advocate Department By : Shri. R. Clement Ramesh Kumar, Irs, Cit. सुनवाईक"तारीख/Date Of Hearing : 23.10.2024 घोषणाक"तारीख/Date Of Pronouncement : 13.12.2024 आदेश /O R D E R Per Bench: These Cross Appeals Are Arising Out Of The Orders Of The Commissioner Of Income Tax (Appeals) – 19, Chennai [Hereinafter

For Appellant: Shri N.V.Balaji, AdvocateFor Respondent: Shri. R. Clement Ramesh Kumar
Section 132Section 143(3)Section 154

Ld.CIT(A) erred in deleting the protective addition Rs.22,50,00,000/- towards unaccounted deposits of partners made on the basis of incriminating material vide loose sheet titled as "CAF balance sheet- 30.06.2017", contents of which were confirmed by Shri. K.Sakthivel, accountant of assessee firm and Shri.A.Vijayan, Manager cum partner ... authorities below. It is ITA No.1155, 1156, 1191 & 1192/Chny/2024 admitted fact that the additions made by the AO is purely based on the incriminating material seized during the search operations. It is evident that the interest calculated for the pending months as on 30.06.2017 as per the loose sheet (seized

ACIT Central Circle-1(2), Hyderabad vs. Satty and Associates, Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 236/HYD/2022[2016-17]Status: DisposedITAT Hyderabad12 Dec 2024AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.162 & 163/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2015-16 & 2018-19) Satty & Associates Vs. Assistant Commissioner Hyderabad Of Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.236/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2016-17) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) Cross Objection No.13/Hyd/2022 (Arising Out Of Ita No.236/Hyd/2022) Assistant Commissioner Of Satty & Associates Hyderabad Income Tax [Pan : Aawfs8350D] Central Circle-1(2) Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S Rama Rao, Ar (Appeared Through Virtual Mode)& Ms.S.Sandhya, Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 03/12/2024 घोर्णध की तधरीख/Date Of 12/12/2024 Pronouncement:

For Appellant: Shri S Rama Rao, ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 153A

liable to be quashed, because the additions made by the Assessing Officer, without there being any incriminating material found during the course of search is unsustainable because the assessment for the impugned assessment year is unabated / concluded as on the date of search, which is evident from the date ... been held that in respect of completed assessment / unabated assessment, no additions can be made by the Assessing Officer in the absence of any incriminating material found during the course of search u/s 132 of the Act. Therefore, she submitted that the additions made by the Assessing Officer towards capital