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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

DCIT Central Circle-20, Delhi vs. Bhagwati Developers Pvt. Ltd., Kolkata

The appeals of the Revenue are dismissed and the appeal of the assessee stands allowed

ITA 1255/DEL/2022[2016-17]Status: DisposedITAT Delhi07 Dec 2023AY 2016-17

Bench: Dr. Brr Kumar & Shri Anubhav Sharmaassessment Year: 2016-17 Peerless Consultancy Services Vs Acit, Pvt. Ltd., Kolkata, Central Circle-16, C/O Rc Rai & Associates, New Delhi. 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year: 2016-17 Acit, Peerless Consultancy Services Central Circle-16, Pvt. Ltd., Kolkata, New Delhi. C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year : 2016-17 Acit, Gajanand Development Ltd. Central Circle-16, Kolkata, New Delhi C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aabcg0151G

For Appellant: Shri R.C. Rai, Advocate &For Respondent: Shri Waseem Arshad, CIT, DR
Section 132Section 153ASection 271ASection 69A

basis of a pen drive extract of Himadri Sekhar Sain allegedly recovered at the time of search and considering the same to be seized incriminating material, questioned the assessee. This alleged incriminating material was said to be related to transaction of purchase of 78000 sq. yards property at 274, Kanjur ... income of the assessee.” 4. Further, in the case of Peerless Consultancy Services Pvt. Ltd. (ITA No.9749/Del/2019), the AO examined another piece of alleged incriminating material containing ledger for AYs 2012-13 to 2017-18 in which a total of Rs.11,51,04,331.44 was booked in the name

ACIT Central Circle-16, New Delhi vs. Vijaya Finance Corporation Ltd, Kolkata

The appeals of the Revenue are dismissed and the appeal of the assessee stands allowed

ITA 9869/DEL/2019[2016-17]Status: DisposedITAT Delhi07 Dec 2023AY 2016-17

Bench: Dr. Brr Kumar & Shri Anubhav Sharmaassessment Year: 2016-17 Peerless Consultancy Services Vs Acit, Pvt. Ltd., Kolkata, Central Circle-16, C/O Rc Rai & Associates, New Delhi. 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year: 2016-17 Acit, Peerless Consultancy Services Central Circle-16, Pvt. Ltd., Kolkata, New Delhi. C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year : 2016-17 Acit, Gajanand Development Ltd. Central Circle-16, Kolkata, New Delhi C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aabcg0151G

For Appellant: Shri R.C. Rai, Advocate &For Respondent: Shri Waseem Arshad, CIT, DR
Section 132Section 153ASection 271ASection 69A

basis of a pen drive extract of Himadri Sekhar Sain allegedly recovered at the time of search and considering the same to be seized incriminating material, questioned the assessee. This alleged incriminating material was said to be related to transaction of purchase of 78000 sq. yards property at 274, Kanjur ... income of the assessee.” 4. Further, in the case of Peerless Consultancy Services Pvt. Ltd. (ITA No.9749/Del/2019), the AO examined another piece of alleged incriminating material containing ledger for AYs 2012-13 to 2017-18 in which a total of Rs.11,51,04,331.44 was booked in the name

ACIT Central Circle-16, New Delhi vs. The Peerless Consultancy Services Pvt Ltd, Kolkata

The appeals of the Revenue are dismissed and the appeal of the assessee stands allowed

ITA 9867/DEL/2019[2016-17]Status: DisposedITAT Delhi07 Dec 2023AY 2016-17

Bench: Dr. Brr Kumar & Shri Anubhav Sharmaassessment Year: 2016-17 Peerless Consultancy Services Vs Acit, Pvt. Ltd., Kolkata, Central Circle-16, C/O Rc Rai & Associates, New Delhi. 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year: 2016-17 Acit, Peerless Consultancy Services Central Circle-16, Pvt. Ltd., Kolkata, New Delhi. C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year : 2016-17 Acit, Gajanand Development Ltd. Central Circle-16, Kolkata, New Delhi C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aabcg0151G

For Appellant: Shri R.C. Rai, Advocate &For Respondent: Shri Waseem Arshad, CIT, DR
Section 132Section 153ASection 271ASection 69A

basis of a pen drive extract of Himadri Sekhar Sain allegedly recovered at the time of search and considering the same to be seized incriminating material, questioned the assessee. This alleged incriminating material was said to be related to transaction of purchase of 78000 sq. yards property at 274, Kanjur ... income of the assessee.” 4. Further, in the case of Peerless Consultancy Services Pvt. Ltd. (ITA No.9749/Del/2019), the AO examined another piece of alleged incriminating material containing ledger for AYs 2012-13 to 2017-18 in which a total of Rs.11,51,04,331.44 was booked in the name

ACIT Central Circle-16, New Delhi vs. Gajanand Development Ltd, Kolkata

The appeals of the Revenue are dismissed and the appeal of the assessee stands allowed

ITA 9866/DEL/2019[2016-17]Status: DisposedITAT Delhi07 Dec 2023AY 2016-17

Bench: Dr. Brr Kumar & Shri Anubhav Sharmaassessment Year: 2016-17 Peerless Consultancy Services Vs Acit, Pvt. Ltd., Kolkata, Central Circle-16, C/O Rc Rai & Associates, New Delhi. 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year: 2016-17 Acit, Peerless Consultancy Services Central Circle-16, Pvt. Ltd., Kolkata, New Delhi. C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year : 2016-17 Acit, Gajanand Development Ltd. Central Circle-16, Kolkata, New Delhi C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aabcg0151G

For Appellant: Shri R.C. Rai, Advocate &For Respondent: Shri Waseem Arshad, CIT, DR
Section 132Section 153ASection 271ASection 69A

basis of a pen drive extract of Himadri Sekhar Sain allegedly recovered at the time of search and considering the same to be seized incriminating material, questioned the assessee. This alleged incriminating material was said to be related to transaction of purchase of 78000 sq. yards property at 274, Kanjur ... income of the assessee.” 4. Further, in the case of Peerless Consultancy Services Pvt. Ltd. (ITA No.9749/Del/2019), the AO examined another piece of alleged incriminating material containing ledger for AYs 2012-13 to 2017-18 in which a total of Rs.11,51,04,331.44 was booked in the name

Peerless Consultancy Services Pvt Ltd, New Delhi vs. ACIT Central Circle-16, New Delhi

The appeals of the Revenue are dismissed and the appeal of the assessee stands allowed

ITA 9749/DEL/2019[2016-17]Status: DisposedITAT Delhi07 Dec 2023AY 2016-17

Bench: Dr. Brr Kumar & Shri Anubhav Sharmaassessment Year: 2016-17 Peerless Consultancy Services Vs Acit, Pvt. Ltd., Kolkata, Central Circle-16, C/O Rc Rai & Associates, New Delhi. 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year: 2016-17 Acit, Peerless Consultancy Services Central Circle-16, Pvt. Ltd., Kolkata, New Delhi. C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year : 2016-17 Acit, Gajanand Development Ltd. Central Circle-16, Kolkata, New Delhi C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aabcg0151G

For Appellant: Shri R.C. Rai, Advocate &For Respondent: Shri Waseem Arshad, CIT, DR
Section 132Section 153ASection 271ASection 69A

basis of a pen drive extract of Himadri Sekhar Sain allegedly recovered at the time of search and considering the same to be seized incriminating material, questioned the assessee. This alleged incriminating material was said to be related to transaction of purchase of 78000 sq. yards property at 274, Kanjur ... income of the assessee.” 4. Further, in the case of Peerless Consultancy Services Pvt. Ltd. (ITA No.9749/Del/2019), the AO examined another piece of alleged incriminating material containing ledger for AYs 2012-13 to 2017-18 in which a total of Rs.11,51,04,331.44 was booked in the name

Kedia Lifespace Developers Private Limited, Jharsuguda vs. Deputy Commissioner of Income Tax, Sambalpur

In the result, appeal of the assessee is allowed

ITA 288/CTK/2023[2007-08]Status: DisposedITAT Cuttack30 Nov 2023AY 2007-08

Bench: Shri George Mathan & Shri Girish Agrawalआयकर अऩीऱ सं/Ita No.288/Ctk/2023 (ननधाारण वषा / Assessment Year : 2007-2008) Kedia Lifespace Developers Pvt. Ltd Vs Dcit, Sambalpur Mangalam Tower, 3Rd Floor, Sarbahal Road, Jharsuguda Pan No. :Aaccj 1155 A (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Dr. Abani Kanta Nayak, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 30/11/2023 घोषणा की तारीख/Date Of Pronouncement : 30/11/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A)-2, Bhubaneswar, Dated 30.05.2023, Passed In I.T.Appeal No.Sambalpur/10066/2015-16, For The Assessment Year 2007-2008. 2. None Represented On Behalf Of The Assessee. Shri Charan Dass, Sr. Dr Appeared On Behalf Of The Revenue. 3. An Adjournment Application Received By The Registry On 28.11.2023, Was Filed By The Ld. Ar Of The Assessee, Thereby Seeking 30 Days Time As The Chartered Accountant Of The Assessee Is Pre-Occupied In Some Social Function. However, Looking To The Facts Of The Case As Also The Impugned Order Is An Ex-Parte Order On Account Of Non-Appearance Of The Assessee Before The Ld. Cit(A), We Reject The Adjournment Application & Proceed To Dispose Of The Appeal On Merits.

For Appellant: NoneFor Respondent: Dr. Abani Kanta Nayak, CIT-DR
Section 153ASection 50C

clearly shows that the addition as made in the assessment is by invoking the provisions of Section 50C of the Act. There is no incriminating material referred to in the assessment order, which has been found in the course of search. This being so, respectfully following the decision