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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

Sa Thooyamani, Coimbatore vs. DCIT, CC-1, Coimbatore

In the result, the appeals filed by the assessee are dismissed

ITA 169/CHNY/2021[2007-08]Status: DisposedITAT Chennai28 Sept 2022AY 2007-08

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.165-169/Chny/2021 िनधा"रण वष" /Assessment Years: 2003-04 To 2007-08 V. Mr.S.A.Thooyamani, The Dy. Commissioner – 64, Balasundaram Road, Of Income Tax, Near Rto Office, Central Circle-1, Coimbatore. Coimbatore. [Pan: Aagpt 1806 M] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.A.Arjunraj, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 21.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 28.09.2022

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 132Section 133ASection 143(3)Section 153CSection 263

challenged the validity of assessment order passed by the AO u/s.143(3) r.w.s.153C of the Act, and consequent additions made thereon in absence of incriminating material found as a result of search. The Ld.CIT(A) after considering relevant submissions of the assessee and also by following the decision ... directions of the ITAT. The assessee has challenged legality of assessment order passed by the AO and consequent additions made thereon in absence of incriminating material found as a result of search. Although, the legal ground taken by ITA Nos.165-169/Chny/2021 Mr.SA Thooyamani :: 8 :: the assessee challenging validity of assessment proceedings

Sa Thooyamani, Coimbatore vs. DCIT, CC-1, Coimbatore

In the result, the appeals filed by the assessee are dismissed

ITA 168/CHNY/2021[2006-07]Status: DisposedITAT Chennai28 Sept 2022AY 2006-07

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.165-169/Chny/2021 िनधा"रण वष" /Assessment Years: 2003-04 To 2007-08 V. Mr.S.A.Thooyamani, The Dy. Commissioner – 64, Balasundaram Road, Of Income Tax, Near Rto Office, Central Circle-1, Coimbatore. Coimbatore. [Pan: Aagpt 1806 M] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.A.Arjunraj, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 21.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 28.09.2022

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 132Section 133ASection 143(3)Section 153CSection 263

challenged the validity of assessment order passed by the AO u/s.143(3) r.w.s.153C of the Act, and consequent additions made thereon in absence of incriminating material found as a result of search. The Ld.CIT(A) after considering relevant submissions of the assessee and also by following the decision ... directions of the ITAT. The assessee has challenged legality of assessment order passed by the AO and consequent additions made thereon in absence of incriminating material found as a result of search. Although, the legal ground taken by ITA Nos.165-169/Chny/2021 Mr.SA Thooyamani :: 8 :: the assessee challenging validity of assessment proceedings

Sa Thooyamani, Coimbatore vs. DCIT, CC-1, Coimbatore

In the result, the appeals filed by the assessee are dismissed

ITA 167/CHNY/2021[2005-06]Status: DisposedITAT Chennai28 Sept 2022AY 2005-06

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.165-169/Chny/2021 िनधा"रण वष" /Assessment Years: 2003-04 To 2007-08 V. Mr.S.A.Thooyamani, The Dy. Commissioner – 64, Balasundaram Road, Of Income Tax, Near Rto Office, Central Circle-1, Coimbatore. Coimbatore. [Pan: Aagpt 1806 M] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.A.Arjunraj, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 21.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 28.09.2022

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 132Section 133ASection 143(3)Section 153CSection 263

challenged the validity of assessment order passed by the AO u/s.143(3) r.w.s.153C of the Act, and consequent additions made thereon in absence of incriminating material found as a result of search. The Ld.CIT(A) after considering relevant submissions of the assessee and also by following the decision ... directions of the ITAT. The assessee has challenged legality of assessment order passed by the AO and consequent additions made thereon in absence of incriminating material found as a result of search. Although, the legal ground taken by ITA Nos.165-169/Chny/2021 Mr.SA Thooyamani :: 8 :: the assessee challenging validity of assessment proceedings

Sa Thooyamani, Coimbatore vs. DCIT, CC-1, Coimbatore

In the result, the appeals filed by the assessee are dismissed

ITA 166/CHNY/2021[2004-05]Status: DisposedITAT Chennai28 Sept 2022AY 2004-05

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.165-169/Chny/2021 िनधा"रण वष" /Assessment Years: 2003-04 To 2007-08 V. Mr.S.A.Thooyamani, The Dy. Commissioner – 64, Balasundaram Road, Of Income Tax, Near Rto Office, Central Circle-1, Coimbatore. Coimbatore. [Pan: Aagpt 1806 M] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.A.Arjunraj, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 21.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 28.09.2022

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 132Section 133ASection 143(3)Section 153CSection 263

challenged the validity of assessment order passed by the AO u/s.143(3) r.w.s.153C of the Act, and consequent additions made thereon in absence of incriminating material found as a result of search. The Ld.CIT(A) after considering relevant submissions of the assessee and also by following the decision ... directions of the ITAT. The assessee has challenged legality of assessment order passed by the AO and consequent additions made thereon in absence of incriminating material found as a result of search. Although, the legal ground taken by ITA Nos.165-169/Chny/2021 Mr.SA Thooyamani :: 8 :: the assessee challenging validity of assessment proceedings

Sa Thooyamani, Coimbatore vs. DCIT, CC-1, Coimbatore

In the result, the appeals filed by the assessee are dismissed

ITA 165/CHNY/2021[2003-04]Status: DisposedITAT Chennai28 Sept 2022AY 2003-04

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.165-169/Chny/2021 िनधा"रण वष" /Assessment Years: 2003-04 To 2007-08 V. Mr.S.A.Thooyamani, The Dy. Commissioner – 64, Balasundaram Road, Of Income Tax, Near Rto Office, Central Circle-1, Coimbatore. Coimbatore. [Pan: Aagpt 1806 M] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.A.Arjunraj, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 21.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 28.09.2022

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 132Section 133ASection 143(3)Section 153CSection 263

challenged the validity of assessment order passed by the AO u/s.143(3) r.w.s.153C of the Act, and consequent additions made thereon in absence of incriminating material found as a result of search. The Ld.CIT(A) after considering relevant submissions of the assessee and also by following the decision ... directions of the ITAT. The assessee has challenged legality of assessment order passed by the AO and consequent additions made thereon in absence of incriminating material found as a result of search. Although, the legal ground taken by ITA Nos.165-169/Chny/2021 Mr.SA Thooyamani :: 8 :: the assessee challenging validity of assessment proceedings