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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

Deputy Commissioner of Income Tax, Central Circle-1, Ludhiana vs. Manu Gupta, Dhuri

The appeal stand dismissed

ITA 202/CHANDI/2025[2022-23]Status: DisposedITAT Chandigarh10 Nov 2025AY 2022-23

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं./ Ita No.201/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit Shri Rohit Gupta बनाम/ Central Circle-1 C/O Gupta Textile Trading Co. Vs. Ludhiana Old Anaj Mandi, Dhuri, Punjab-148024 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Acapg-4615-M (अपीलाथ"/Appellant) : (""थ" / Respondent) 2. आयकर अपील सं./ Ita No.202/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit Shri Manu Gupta बनाम/ Central Circle-1 C/O Gupta Textile Trading Co. Vs. Ludhiana Old Anaj Mandi, Dhuri, Punjab-148024 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Acapg-4616-J (अपीलाथ"/Appellant) : (""थ" / Respondent) Assessee By : Shri Sudhir Sehgal (Advocate) – Ld. Ar Revenue By : Shri Abhishek Pal Garg (Cit) -Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 28-10-2025 घोषणाकीतारीख /Date Of Pronouncement : 10/11/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. The Facts In Captioned Twin Appeals For Assessment Year (Ay) 2022-23 Are Admittedly Identical. First, We Take Up Revenue’S Appeal Ita No. 201/Chandi/2025 Which Arises Out Of An Order Of Learned

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Shri Abhishek Pal Garg (CIT) -Ld. DR (Virtual)
Section 132Section 143(3)Section 69B

case of M/s Home Buildcon Pvt. Ltd. (HBPL) group of cases on 16-11-2021, the impugned assessment was framed. During search, various incriminating material were found and seized which indicated payment of on-money by the purchasers to HBPL. The assessee acted as one of the directors of HBPL ... find that similar facts exist in the present appeal. The Ld. AO made addition in the hands of the assessee by referring to incriminating material and statements recorded during search proceedings in the case of HBPL for AY 2021-22. The addition stood deleted by Ld. CIT(A) by considering

Deputy Commissioner of Income Tax, Central Circle-1, Ludhiana vs. Rohit Gupta, Dhuri

The appeal stand dismissed

ITA 201/CHANDI/2025[2022-23]Status: DisposedITAT Chandigarh10 Nov 2025AY 2022-23

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं./ Ita No.201/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit Shri Rohit Gupta बनाम/ Central Circle-1 C/O Gupta Textile Trading Co. Vs. Ludhiana Old Anaj Mandi, Dhuri, Punjab-148024 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Acapg-4615-M (अपीलाथ"/Appellant) : (""थ" / Respondent) 2. आयकर अपील सं./ Ita No.202/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit Shri Manu Gupta बनाम/ Central Circle-1 C/O Gupta Textile Trading Co. Vs. Ludhiana Old Anaj Mandi, Dhuri, Punjab-148024 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Acapg-4616-J (अपीलाथ"/Appellant) : (""थ" / Respondent) Assessee By : Shri Sudhir Sehgal (Advocate) – Ld. Ar Revenue By : Shri Abhishek Pal Garg (Cit) -Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 28-10-2025 घोषणाकीतारीख /Date Of Pronouncement : 10/11/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. The Facts In Captioned Twin Appeals For Assessment Year (Ay) 2022-23 Are Admittedly Identical. First, We Take Up Revenue’S Appeal Ita No. 201/Chandi/2025 Which Arises Out Of An Order Of Learned

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Shri Abhishek Pal Garg (CIT) -Ld. DR (Virtual)
Section 132Section 143(3)Section 69B

case of M/s Home Buildcon Pvt. Ltd. (HBPL) group of cases on 16-11-2021, the impugned assessment was framed. During search, various incriminating material were found and seized which indicated payment of on-money by the purchasers to HBPL. The assessee acted as one of the directors of HBPL ... find that similar facts exist in the present appeal. The Ld. AO made addition in the hands of the assessee by referring to incriminating material and statements recorded during search proceedings in the case of HBPL for AY 2021-22. The addition stood deleted by Ld. CIT(A) by considering

Wockhardt Limited, Aurangabad vs. The Assistant Commissioner of Income Tax Central Circle-2(1), Pune

In the result, the appeal of the assessee is partly allowed

ITA 835/PUN/2025[2017-18]Status: DisposedITAT Pune10 Nov 2025AY 2017-18

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.837, 835 & 836/Pun/2025 निर्धारण वर्ष / Assessment Years : 2016-17, 2017-18 & 2018-19 Wockhardt Limited, D-4, Midc, Chikalthana, Aurangabad-431006 Vs. Assistant Commissioner Of Income Tax, Central Circle-2(1), Pune Pan : Aaacw2472M अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Shri Manthan Shah Shri Amit Bobde 13-08-2025 10-11-2025 आदेश / Order Per Astha Chandra, Jm : The Above Three Captioned Appeals Filed By The Assessee Are Directed Against The Separate Order(S) All Dated 27.01.2025 Of The Ld. Commissioner Of Income Tax (Appeals)-12, Pune ["Cit(A)"] Pertaining To Assessment Years ("Ays") 2016-17, 2017-18 & 2018-19. Since, The Issue(S) Involved Are Identical, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Department byFor Respondent: Date of hearing
Section 127Section 132Section 132(4)Section 143(2)Section 153C

note dated 23 March 2022 recorded by the Deputy Commissioner of Income Tax, Circle-1, Aurangabad ('learned Aurangabad AO') Addition in the absence of incriminating material: 3. ought to have appreciated that the addition of INR 1,75,68,000 was not based on incriminating material unearthed during the search ... High Court emphatically rejected this contention. It held that a composite satisfaction note suffices under Section 153C if it contains adequate particulars of the incriminating material and links them to the block of relevant years. The Court reasoned that since Section 153C (like Section 153A) empowers the AO to assess