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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

M/S. Kalinga Conduits Electricables (P) Ltd., New Delhi vs. Pr. CIT- 9, New Delhi

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

ITA 3287/DEL/2017[2010-11]Status: DisposedITAT Delhi24 Mar 2021AY 2010-11

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaassessment Year: 2010-11 Kalinga Conduits Electricables (P) Vs Pr. Cit-9, Ltd., New Delhi. 81/41, Punjabi Bagh West, New Delhi. Pan : Aacck5784H (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate; Shri Rajiv Sabharwal, Ca; & Shri Lalit Mohan, Ca. Revenue By : Mrs. Aashna Paul, Cit-Dr Date Of Hearing : 18.02.2021 Date Of Pronouncement : 24.03.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23Rd March, 2017 Passed U/S 263 Of The It Act, 1961 By The Pcit, New Delhi, Relating To The Assessment Year 2010-11. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company & Filed Its Return Of Income On 30Th September, 2010 Declaring An Income Of Rs.5,940/-. The Said Return Was Processed U/S 143(1) Of The Act. Subsequently, The Cit-Ii, New Delhi, Vide His Letter No. File 148/2012-13/2817 Dated 15Th March, 2013, Forwarded The Letter Of Investigation Ii, Delhi, Vide F. No.Dit (Inv.)-Ii/U/S 148/2012-13/197 Dated 12Th March, 2013 Giving Information About An Accommodation Entry Of Rs.40 Lakhs Received By The Assessee From M/S Victory Software Pvt. Ltd., Zenith Automotive Pvt. Ltd. & Humtum Marketing Pvt. Ltd. Based On The Above, The Ao Issued Notice U/S 148 After Recording The Reasons.

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Mrs. Aashna Paul, CIT-DR
Section 143(1)Section 143(2)Section 147Section 148Section 263

further enquiry regarding such share applicants. According to the PCIT, the AO should have appreciated the evidence gathered by the Investigation Wing wherein certain incriminating materials were gathered and the AO should have conducted 14 further enquiry which was necessary to gather the relevant material which the AO failed