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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

Heera Gold Exim Limited, Hyderabad vs. DCIT., Circle 2(2), Hyderabad

In the result, all the appeals filed by the respective assessees are allowed for statistical purposes

ITA 355/HYD/2023[2017-18]Status: DisposedITAT Hyderabad30 Apr 2024AY 2017-18

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarappeal In No. Assessee Respondent A.Y 353/Hyd/2023 Heera Gold Exim Ltd Dy.Cit, Circle 2(2) 2015-16 Kukatpally, Hyderabad Hyderabad Pan:Aacch5458A 354/Hyd/2023 -Do- -Do- 2016-17 355/Hyd/2023 -Do- -Do- 2017-18 411/Hyd/2023 Heera Retail -Do- 2015-16 (Hyderabad) Private Ltd, Hyderabad Pan:Aacch5740D 412/Hyd/2023 -Do- -Do- 2016-17 413/Hyd/2023 -Do- -Do- 2017-18 िनधा""रती "ारा/Assessee By: Shri Mohd.Afzal, Advocate राज" व "ारा/Revenue By:: Shri Sesha Srinivas,Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 06/03/2024 घोषणा की तारीख/Pronouncement: 30/04/2024 आदेश/Order Per Bench: The Above Batch Of Six Appeals (Ita Nos.353 To 355/Hyd/2023 Filed By Heera Gold Exim Ltd & Ita Nos.411 To 413/Hyd/2023 Filed By Heera Retail (Hyderabad) Pvt Ltd) Are Directed Against The Separate Orders Dated 27.04.2023 Of The Learned Cit (A)-11, Hyderabad Relating To A.Ys. 2015-16 To 2017-18 Respectively. Since Identical Grounds Have Been Taken In All These Appeals, Therefore, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri Mohd.Afzal, AdvocateFor Respondent: : Shri Sesha Srinivas,CIT(DR)
Section 131Section 133ASection 143(1)Section 143(2)Section 148

survey operation u/s 133A of the I.T. Act was conducted on the assessee and its group companies on 2.3.2017 wherein certain incriminating material was found which was impounded during the survey proceedings. The assessee company had admitted additional incomes in the group companies during the course of survey proceedings

Heera Gold Exim Limited, Hyderabad vs. DCIT., Circle-2(2), Hyderabad

In the result, all the appeals filed by the respective assessees are allowed for statistical purposes

ITA 354/HYD/2023[2016-17]Status: DisposedITAT Hyderabad30 Apr 2024AY 2016-17

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarappeal In No. Assessee Respondent A.Y 353/Hyd/2023 Heera Gold Exim Ltd Dy.Cit, Circle 2(2) 2015-16 Kukatpally, Hyderabad Hyderabad Pan:Aacch5458A 354/Hyd/2023 -Do- -Do- 2016-17 355/Hyd/2023 -Do- -Do- 2017-18 411/Hyd/2023 Heera Retail -Do- 2015-16 (Hyderabad) Private Ltd, Hyderabad Pan:Aacch5740D 412/Hyd/2023 -Do- -Do- 2016-17 413/Hyd/2023 -Do- -Do- 2017-18 िनधा""रती "ारा/Assessee By: Shri Mohd.Afzal, Advocate राज" व "ारा/Revenue By:: Shri Sesha Srinivas,Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 06/03/2024 घोषणा की तारीख/Pronouncement: 30/04/2024 आदेश/Order Per Bench: The Above Batch Of Six Appeals (Ita Nos.353 To 355/Hyd/2023 Filed By Heera Gold Exim Ltd & Ita Nos.411 To 413/Hyd/2023 Filed By Heera Retail (Hyderabad) Pvt Ltd) Are Directed Against The Separate Orders Dated 27.04.2023 Of The Learned Cit (A)-11, Hyderabad Relating To A.Ys. 2015-16 To 2017-18 Respectively. Since Identical Grounds Have Been Taken In All These Appeals, Therefore, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri Mohd.Afzal, AdvocateFor Respondent: : Shri Sesha Srinivas,CIT(DR)
Section 131Section 133ASection 143(1)Section 143(2)Section 148

survey operation u/s 133A of the I.T. Act was conducted on the assessee and its group companies on 2.3.2017 wherein certain incriminating material was found which was impounded during the survey proceedings. The assessee company had admitted additional incomes in the group companies during the course of survey proceedings

Heera Gold Exim Limited, Kukatpally vs. DCIT., Circle 2(2), Hyderabad

In the result, all the appeals filed by the respective assessees are allowed for statistical purposes

ITA 353/HYD/2023[2015-16]Status: DisposedITAT Hyderabad30 Apr 2024AY 2015-16

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarappeal In No. Assessee Respondent A.Y 353/Hyd/2023 Heera Gold Exim Ltd Dy.Cit, Circle 2(2) 2015-16 Kukatpally, Hyderabad Hyderabad Pan:Aacch5458A 354/Hyd/2023 -Do- -Do- 2016-17 355/Hyd/2023 -Do- -Do- 2017-18 411/Hyd/2023 Heera Retail -Do- 2015-16 (Hyderabad) Private Ltd, Hyderabad Pan:Aacch5740D 412/Hyd/2023 -Do- -Do- 2016-17 413/Hyd/2023 -Do- -Do- 2017-18 िनधा""रती "ारा/Assessee By: Shri Mohd.Afzal, Advocate राज" व "ारा/Revenue By:: Shri Sesha Srinivas,Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 06/03/2024 घोषणा की तारीख/Pronouncement: 30/04/2024 आदेश/Order Per Bench: The Above Batch Of Six Appeals (Ita Nos.353 To 355/Hyd/2023 Filed By Heera Gold Exim Ltd & Ita Nos.411 To 413/Hyd/2023 Filed By Heera Retail (Hyderabad) Pvt Ltd) Are Directed Against The Separate Orders Dated 27.04.2023 Of The Learned Cit (A)-11, Hyderabad Relating To A.Ys. 2015-16 To 2017-18 Respectively. Since Identical Grounds Have Been Taken In All These Appeals, Therefore, For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri Mohd.Afzal, AdvocateFor Respondent: : Shri Sesha Srinivas,CIT(DR)
Section 131Section 133ASection 143(1)Section 143(2)Section 148

survey operation u/s 133A of the I.T. Act was conducted on the assessee and its group companies on 2.3.2017 wherein certain incriminating material was found which was impounded during the survey proceedings. The assessee company had admitted additional incomes in the group companies during the course of survey proceedings