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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 2 (4), Mumbai vs. M/S Maccleods Pharmaceuticals Ltd, Mumbai

In the result, the appeal filed by the assessee is allowed whereas the appeal filed by the Revenue is dismissed

ITA 7612/MUM/2019[2010-11]Status: DisposedITAT Mumbai10 May 2022AY 2010-11

Bench: Shri Sanjay Garg () & Shri Om Prakash Kant () Assessment Year: 2010-11 Deputy Commissioner Of Income Tax M/S Macleods Pharmaceuticals Central Circle-2(4), Limited, Room No. 802, Old Cgo Building, 8Th Vs. 304, Atlanta Arcade, Marol Church Floor, M.K. Road, Road, Andheri (West) Mumbai-400020. Mumbai-400059. Pan No. Aaacm 4100 C Appellant Respondent Assessment Year: 2010-11 M/S Macleods Pharmaceuticals Deputy Commissioner Of Income Limited, Tax Central Circle-2(4), 304, Atlanta Arcade, Marol Church Vs. Room No. 802, Old Cgo Building, 8Th Road, Andheri (West) Floor, M.K. Road, Mumbai-400059. Mumbai-400020. Pan No. Aaacm 4100 C Appellant Respondent Assessee By : Mr. Ashok Bansal, Ar Revenue By : Mr. Achal Sharma, Cit-Dr Date Of Hearing : 10/05/2022 Date Of Pronouncement : 10/05/2022

For Appellant: Mr. Ashok Bansal, ARFor Respondent: Mr. Achal Sharma, CIT-DR
Section 143(3)Section 153A

Ferns ‘N’ Petals”, ITA 306/2017 and others decided vide order dated 25.5.2017. Therefore, the issues decided in the already completed assessments without any fresh incriminating material related thereof, are not to be re-adjudicated by the AO. In this case also, in the original assessment, the additions were made ... Court, as noted above. So in the fresh assessment proceedings carried out u/s 153A of the Act, since there is no reference of any incriminating material relating to the aforesaid issue, therefore, this issue in the light of the settled law cannot be re- adjudicated in the second appeal before

Bini Builders P. Ltd., Mumbai vs. Dy CIT-CC-7(3), Mumbai

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

ITA 1321/MUM/2021[2009-10]Status: DisposedITAT Mumbai28 Apr 2022AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 1321/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2009-10) बिधम/ Bini Builders Pvt. Ltd. Dcit Central Circle-7(3) 203-204, Raigad Darshan, Jp Room No.655, Aayakar Vs. Road, Andheri West, Bhawan, M. K. Road, Mumbai-400053. Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccb3447R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Shri C. T. Mathews (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 20/04/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 20.05.2021 Passed By The Commissioner Of Income Tax (Appeals) -49, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2009- 10. 2. The Assessee Has Raised The Following Grounds: - “1. On The Facts & Circumstances Of The Case & In Law The Ld Cit(A) Erred In Confirming The Initiation Of The Reassessment Proceeding Under Section 147. A.Y.2009-10 2. On The Facts & Circumstances Of The Case The Ld Cit(A) Erred In Confirming & Creating Reason To Believe For Escaped Assessment U/S. 147 As There Was No Failure On Part Of Assessee To Disclose Fully & Truly Fact.

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri C. T. Mathews (Sr. AR)
Section 131Section 143Section 143(2)Section 147Section 148Section 234ASection 271(1)(c)Section 3Section 68

Khan & Sons (25 Taxmann.com 413). The CBDT instructions No. F.No.286/98/2013-IT (Inv. II) dated 18/12/2014 also discourages confessional statements without any credible evidences. No incriminating material is shown to have been found during the course of survey proceedings. 8.4 We also find that learned CIT(A) has gone by irrelevant ... Khan & Sons (25 Taxmann.com 413). The CBDT instructions No. F.No.286/98/2013-IT (Inv. II) dated 18/12/2014 also discourages confessional statements without any credible evidences. No incriminating material is shown to have been found during the course of survey proceedings. 8.4 We also find that learned CIT(A) has gone by irrelevant

DCIT 29(2), Mumbai vs. Shri Kirti Ramji Kothari, Mumbai

In the result, the appeal filed by the revenue is hereby dismissed

ITA 3341/MUM/2019[2015-16]Status: DisposedITAT Mumbai28 Apr 2022AY 2015-16

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3341/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2015-16) Dcit-29(2) बिधम/ Kirti Ramji Kothari Room No.422, 4Th Floor, A/7, Maheh Krupa Devi Vs. Kautilya Bhavan, B.K.C. Dayal Cross Road, Mulund Bandra (E), Mumbai- (W), Mumbai-400080. 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaepk3216C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Bharti Singh (Sr. Ar) Assessee By: Shri Mandar Vaidya सुनवाई की तारीख / Date Of Hearing: 05/04/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 14.02.2019 Passed By The Commissioner Of Income Tax (Appeals) -40 Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2015- 16. 2. The Revenue Has Raised The Following Grounds: - "1. On The Facts & Circumstances Of The Case, The Id. Cit(A) Erred In Allowing The Assessee’S Claim That The Profit Of Rs. 5,75,40,478/- From F & O Trading Was To Be Assessed Either As Business Income Or Under Either Of The Heads Of Income A To F Of Section 14 Of The Lt. Act Without Appreciating The Fact That The Investigation & Analysis Of The A.Y.2015-16 Facts As Borne Out By The A.O. In The Assessment Order Clearly Establish That The Profit Was Bogus & Sham Earned Through Synchronized Trading In Illiquid Stock Option & Accordingly The Same Was Correctly Assessed U/S 68 Of The It Act.

For Appellant: Shri Mandar VaidyaFor Respondent: Shri Bharti Singh (Sr. AR)
Section 14Section 143(2)Section 68Section 69C

A.Y.2015-16 distinguishable at this stage. The CIT(A) has rightly adjudicated the matter of considered by giving the detail reasons. No incriminating material is available on record to interfere with the finding of the CIT(A). In view of the said circumstances, we are of the view that