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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

Airwil Infra Ltd., Noida vs. DCIT, Central Circle, Noida

In the result, the appeal filed by the assessee is allowed

ITA 348/DEL/2019[2013-14]Status: DisposedITAT Delhi09 Jul 2024AY 2013-14

Bench: Shri Shamim Yahya & Shri Sudhir Pareekm/S. Airwil India Limited, Vs. Dcit, Central Circle, 20, 21 – 22, Sector 16, Noida. Noida – 201 301 (Uttar Pradesh). (Pan : Aakca0712E) (Appellant) (Respondent) Assessee By : Shri Sandeep Jain, Ca Revenue By : Shri Binod Kumar, Cit Dr Date Of Hearing : 04.07.2024 Date Of Order : 09.07.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)-Iv, Kanpur Dated 19.11.2018 For The Assessment Year 2013-14. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. On The Facts & Circumstances Of The Case, The Order Passed By The Learned Cit (A) Is Bade Both In The Eye Of Law & On The Facts. 2. On The Facts & Circumstances Of The Case, The Learned Cit (A) Has Erred Both On Facts & In Law In Confirming Addition Despite Assessee Fulfilling The Burden Cast On Him U/S 68 Of Income Tax Act.

For Appellant: Shri Sandeep Jain, CAFor Respondent: Shri Binod Kumar, CIT DR
Section 132Section 153ASection 68

both in law and in facts in confirming addition on account of unsecured loan of Rs.8,16,50,000/- despite the fact that no incriminating material or no undisclosed income or any evidence has been found during the search at the premises of the Appellant and therefore the addition under ... assessee and the ld. DR for the Revenue and perusing the records, it transpires that addition has been made without reference to any incriminating material. In 3 this case, it is apparent that assessment year is unabated, hence the decision of Hon’ble Apex Court in the case of PCIT