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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

Dy CIT CC 6(4), Mumbai vs. Smt. Deval D Thakkar [Now Known As Smt Deval E Anthony], Mumbai

In the result, both the appeals filed by the revenue are 11

ITA 968/MUM/2020[2004-05]Status: DisposedITAT Mumbai23 Nov 2022AY 2004-05

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No. 968/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2004-05) & आयकर अपील सं/ I.T.A. No. 974/Mum/2020 (निर्धारण वर्ा / Assessment Year: 1999-2000) Dcit, Central Circle-6(4) बिधम/ Smt. Deval D. Thakkar (Now Room No. 1925, 19Th Floor, Known As Smt. Deval E Vs. Air India Building, Nariman Anthony) Point, Mumbai-400021. 12/22B, Acropolis, Malabar Hills, Mumbai-400006. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacpt8999F (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Smt. Mahita Nair (Sr. Ar) Assessee By: Shri Dilip Thakkar सुनवाई की तारीख / Date Of Hearing: 09/11/2022 घोषणा की तारीख /Date Of Pronouncement: 23/11/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Revenue Against The Action Of The Ld. Cit(A)-54, Mumbai Dated 26.11.2019 For A.Y.1999-2000 & For Ay. 2004-05. 2. Both The Parties Agree That The Issue Involved In Both The Appeals Are Identical, Therefore, We Take The Appeal Of The Assessee For Ay. 1999-2000 As The Lead Case & The Decision Of Which Will Be Followed For Ay. 2004-05. 3. The Grounds Of Appeal Of The Revenue For Ay. 1999-2000 Is As Under: -

For Appellant: Shri Dilip ThakkarFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 143(2)Section 147Section 148Section 149Section 149(1)

Pound of 90,000/- was shown in the name of the assessee i.e, Smt. Deval Thakkar (Ms. Deval E. Anthony). Based on the aforesaid incriminating material, the AO, was of the opinion that assessee (daughter of Shri Dilip J. Thakkar) was the account-holder in HSBC Bank, Geneva

Geetha Mehra, Chennai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals of the assessee for assessment year

ITA 4039/MUM/2016[2007-08]Status: HeardITAT Mumbai21 Nov 2022AY 2007-08

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 & Assessment Year: 2006-07 & Assessment Year: 2007-08 Ms. Geetha Mehra, Acit (3)(1)(1), C/O Synergy Art Foundation Ltd., Room No. 607, Aayakar Vs. 6/19 Ii Floor, Grants Building Bhavan, Maharshi Karve Arthur Bunder Road, Colaba, Road, Mumbai-400 005. Mumbai-400020. (Formerly Deputy Commissioner Of Income Tax, Central Circle 44) Pan No. Aagpm 9039 H Appellant Respondent : Assessee By Mr. Ajay Ghone, Ar : Revenue By Mr. Kailash Kanojia, Cit-Dr Date Of Hearing : 25/08/2022 : Date Of Pronouncement 21/11/2022

For Respondent: Assessee by Mr. Ajay Ghone, AR
Section 13Section 132Section 143(3)Section 153A

this Tribunal in the case of M/s All Cargo Global Bench of this Tribunal in the case of M/s All Cargo Global Geetha Mehra incriminating material found in the course of search.” incriminating material found in the course of search.” incriminating material found in the course of search.” 8. After ... basis of under section 153A will be made on the basis of under section 153A will be made on the basis of incriminating material found during the search; but not incriminating material found during the search; but not incriminating material found during the search; but not produced in the course

Geetha Mehra, Chennai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals of the assessee for assessment year

ITA 4038/MUM/2016[2006-07]Status: HeardITAT Mumbai21 Nov 2022AY 2006-07

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 & Assessment Year: 2006-07 & Assessment Year: 2007-08 Ms. Geetha Mehra, Acit (3)(1)(1), C/O Synergy Art Foundation Ltd., Room No. 607, Aayakar Vs. 6/19 Ii Floor, Grants Building Bhavan, Maharshi Karve Arthur Bunder Road, Colaba, Road, Mumbai-400 005. Mumbai-400020. (Formerly Deputy Commissioner Of Income Tax, Central Circle 44) Pan No. Aagpm 9039 H Appellant Respondent : Assessee By Mr. Ajay Ghone, Ar : Revenue By Mr. Kailash Kanojia, Cit-Dr Date Of Hearing : 25/08/2022 : Date Of Pronouncement 21/11/2022

For Respondent: Assessee by Mr. Ajay Ghone, AR
Section 13Section 132Section 143(3)Section 153A

this Tribunal in the case of M/s All Cargo Global Bench of this Tribunal in the case of M/s All Cargo Global Geetha Mehra incriminating material found in the course of search.” incriminating material found in the course of search.” incriminating material found in the course of search.” 8. After ... basis of under section 153A will be made on the basis of under section 153A will be made on the basis of incriminating material found during the search; but not incriminating material found during the search; but not incriminating material found during the search; but not produced in the course

Geetha Mehra, Chennai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals of the assessee for assessment year

ITA 4037/MUM/2016[2005-06]Status: HeardITAT Mumbai21 Nov 2022AY 2005-06

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 & Assessment Year: 2006-07 & Assessment Year: 2007-08 Ms. Geetha Mehra, Acit (3)(1)(1), C/O Synergy Art Foundation Ltd., Room No. 607, Aayakar Vs. 6/19 Ii Floor, Grants Building Bhavan, Maharshi Karve Arthur Bunder Road, Colaba, Road, Mumbai-400 005. Mumbai-400020. (Formerly Deputy Commissioner Of Income Tax, Central Circle 44) Pan No. Aagpm 9039 H Appellant Respondent : Assessee By Mr. Ajay Ghone, Ar : Revenue By Mr. Kailash Kanojia, Cit-Dr Date Of Hearing : 25/08/2022 : Date Of Pronouncement 21/11/2022

For Respondent: Assessee by Mr. Ajay Ghone, AR
Section 13Section 132Section 143(3)Section 153A

this Tribunal in the case of M/s All Cargo Global Bench of this Tribunal in the case of M/s All Cargo Global Geetha Mehra incriminating material found in the course of search.” incriminating material found in the course of search.” incriminating material found in the course of search.” 8. After ... basis of under section 153A will be made on the basis of under section 153A will be made on the basis of incriminating material found during the search; but not incriminating material found during the search; but not incriminating material found during the search; but not produced in the course

Geetha Mehra, Chennai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals of the assessee for assessment year

ITA 4036/MUM/2016[2003-04]Status: HeardITAT Mumbai21 Nov 2022AY 2003-04

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 & Assessment Year: 2006-07 & Assessment Year: 2007-08 Ms. Geetha Mehra, Acit (3)(1)(1), C/O Synergy Art Foundation Ltd., Room No. 607, Aayakar Vs. 6/19 Ii Floor, Grants Building Bhavan, Maharshi Karve Arthur Bunder Road, Colaba, Road, Mumbai-400 005. Mumbai-400020. (Formerly Deputy Commissioner Of Income Tax, Central Circle 44) Pan No. Aagpm 9039 H Appellant Respondent : Assessee By Mr. Ajay Ghone, Ar : Revenue By Mr. Kailash Kanojia, Cit-Dr Date Of Hearing : 25/08/2022 : Date Of Pronouncement 21/11/2022

For Respondent: Assessee by Mr. Ajay Ghone, AR
Section 13Section 132Section 143(3)Section 153A

this Tribunal in the case of M/s All Cargo Global Bench of this Tribunal in the case of M/s All Cargo Global Geetha Mehra incriminating material found in the course of search.” incriminating material found in the course of search.” incriminating material found in the course of search.” 8. After ... basis of under section 153A will be made on the basis of under section 153A will be made on the basis of incriminating material found during the search; but not incriminating material found during the search; but not incriminating material found during the search; but not produced in the course

Geetha Mehra, Chennai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals of the assessee for assessment year

ITA 4035/MUM/2016[2002-03]Status: HeardITAT Mumbai21 Nov 2022AY 2002-03

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 & Assessment Year: 2006-07 & Assessment Year: 2007-08 Ms. Geetha Mehra, Acit (3)(1)(1), C/O Synergy Art Foundation Ltd., Room No. 607, Aayakar Vs. 6/19 Ii Floor, Grants Building Bhavan, Maharshi Karve Arthur Bunder Road, Colaba, Road, Mumbai-400 005. Mumbai-400020. (Formerly Deputy Commissioner Of Income Tax, Central Circle 44) Pan No. Aagpm 9039 H Appellant Respondent : Assessee By Mr. Ajay Ghone, Ar : Revenue By Mr. Kailash Kanojia, Cit-Dr Date Of Hearing : 25/08/2022 : Date Of Pronouncement 21/11/2022

For Respondent: Assessee by Mr. Ajay Ghone, AR
Section 13Section 132Section 143(3)Section 153A

this Tribunal in the case of M/s All Cargo Global Bench of this Tribunal in the case of M/s All Cargo Global Geetha Mehra incriminating material found in the course of search.” incriminating material found in the course of search.” incriminating material found in the course of search.” 8. After ... basis of under section 153A will be made on the basis of under section 153A will be made on the basis of incriminating material found during the search; but not incriminating material found during the search; but not incriminating material found during the search; but not produced in the course