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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

Jatinder Gupta, Jalandhar vs. DCIT, Jalandhar

ITA 554/ASR/2024[2014-15]Status: DisposedITAT Amritsar27 Oct 2025AY 2014-15

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm 1. आयकर अपील सं. / Ita No. 554/Asr/2024 (िनधा"रण वष" / Assessment Year: 2014-15) Shri Jatinder Gupta Dcit (Prop. Mahajan Molasses Co.) बनाम/ Circle-4 Gt Road, Dyalpur, Jalandhar Jalandhar-144001 Vs. Punjab-144001 "ायीलेखासं./Pan. Aempg-6663-H (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकर अपील सं. / Ita No. 484/Asr/2024 (िनधा"रण वष" / Assessment Year: 2014-15) Acit Shri Jatinder Gupta Circle-4, Jalandhar-144001 बनाम/ (Prop. Mahajan Molasses Co.) Punjab Gt Road, Dyalpur, Jalandhar Vs. Punjab-144001 "ायी लेखा सं./Pan. Aempg-6663-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Sh. Ashray Sarna (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Jivandeep Singh Kahlon (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 13-10-2025 घोषणाकीतारीख /Date Of Pronouncement : 27/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Cross-Appeals For Assessment Year (Ay) 2014-15 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)]

For Appellant: Sh. Ashray Sarna (CA) – Ld. ARFor Respondent: Shri Jivandeep Singh Kahlon (CIT) – Ld. DR
Section 131Section 142(1)Section 143(3)Section 147Section 148

impugned addition is the statement of Shri Avinash Chander, prop. of M/s Modern Sales Corporation. However, during search / survey on that party, no incriminating material has been found to substantiate the fact that the purchases made by the assessee from that party were bogus in nature

ACIT, Circle-4, Jalandhar, C.R. Building, Civil Lines vs. Sh. Jatinder Gupta, Jalandhar

ITA 484/ASR/2024[2014-15]Status: DisposedITAT Amritsar27 Oct 2025AY 2014-15

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm 1. आयकर अपील सं. / Ita No. 554/Asr/2024 (िनधा"रण वष" / Assessment Year: 2014-15) Shri Jatinder Gupta Dcit (Prop. Mahajan Molasses Co.) बनाम/ Circle-4 Gt Road, Dyalpur, Jalandhar Jalandhar-144001 Vs. Punjab-144001 "ायीलेखासं./Pan. Aempg-6663-H (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकर अपील सं. / Ita No. 484/Asr/2024 (िनधा"रण वष" / Assessment Year: 2014-15) Acit Shri Jatinder Gupta Circle-4, Jalandhar-144001 बनाम/ (Prop. Mahajan Molasses Co.) Punjab Gt Road, Dyalpur, Jalandhar Vs. Punjab-144001 "ायी लेखा सं./Pan. Aempg-6663-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Sh. Ashray Sarna (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Jivandeep Singh Kahlon (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 13-10-2025 घोषणाकीतारीख /Date Of Pronouncement : 27/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Cross-Appeals For Assessment Year (Ay) 2014-15 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)]

For Appellant: Sh. Ashray Sarna (CA) – Ld. ARFor Respondent: Shri Jivandeep Singh Kahlon (CIT) – Ld. DR
Section 131Section 142(1)Section 143(3)Section 147Section 148

impugned addition is the statement of Shri Avinash Chander, prop. of M/s Modern Sales Corporation. However, during search / survey on that party, no incriminating material has been found to substantiate the fact that the purchases made by the assessee from that party were bogus in nature

Pooja Kansal, Chandigarh vs. Income Tax Officer, Ward-1, G.Garh, Gobindgarh

In the result, the Assessee’s appeal is allowed

ITA 225/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh27 Oct 2025AY 2017-18

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos. 224 & 225/Chd/2025 "नधा"रण वष" / Assessment Years : 2016-17 & 2017-18 Pooja Kansal, The Ito, बनाम Kansla Singla & Ward -1, Associates, Gobindgarh Vs. Sco 80-81, Sector 17-C, Chandigarh "थायी लेखा सं./Pan No. Abypk5904G अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Hearing ) "नधा"रती क" ओर से/Assessee By : Sh. T.N. Singla, Ca राज"व क" ओर से/ Revenue By : Smt. Kusum Kashyap, Cit Dr (Virtual Mode) सुनवाई क" तार"ख/Date Of Hearing : 12.08.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 27.10.2025 आदेश/Order Per Krinwant Sahay, Am: Both The Appeals Pertaining To A.Ys. 2016-17 & 2017- 18 Have Been Filed By The Assessee Against The Separate

For Appellant: Sh. T.N. Singla, CAFor Respondent: Smt. Kusum Kashyap, CIT DR
Section 147Section 148Section 234ASection 250Section 271(1)(c)Section 65A

Hyderabad). In this case during the search the statement of all the directors was recorded for unexplained funds on the basis of seized incriminating material during the search pertaining to the company found. The Hon'ble ITAT has held as :- "5 We make it clear that there is not even

Pooja Kansal, Chandigarh vs. Income Tax Officer, Ward-1, G.Garh, Gobindgarh

In the result, the Assessee’s appeal is allowed

ITA 224/CHANDI/2025[2016-17]Status: DisposedITAT Chandigarh27 Oct 2025AY 2016-17

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos. 224 & 225/Chd/2025 "नधा"रण वष" / Assessment Years : 2016-17 & 2017-18 Pooja Kansal, The Ito, बनाम Kansla Singla & Ward -1, Associates, Gobindgarh Vs. Sco 80-81, Sector 17-C, Chandigarh "थायी लेखा सं./Pan No. Abypk5904G अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Hearing ) "नधा"रती क" ओर से/Assessee By : Sh. T.N. Singla, Ca राज"व क" ओर से/ Revenue By : Smt. Kusum Kashyap, Cit Dr (Virtual Mode) सुनवाई क" तार"ख/Date Of Hearing : 12.08.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 27.10.2025 आदेश/Order Per Krinwant Sahay, Am: Both The Appeals Pertaining To A.Ys. 2016-17 & 2017- 18 Have Been Filed By The Assessee Against The Separate

For Appellant: Sh. T.N. Singla, CAFor Respondent: Smt. Kusum Kashyap, CIT DR
Section 147Section 148Section 234ASection 250Section 271(1)(c)Section 65A

Hyderabad). In this case during the search the statement of all the directors was recorded for unexplained funds on the basis of seized incriminating material during the search pertaining to the company found. The Hon'ble ITAT has held as :- "5 We make it clear that there is not even

DCIT, CC-2(1), Kolkata vs. Amanat Trade Comm Pvt Ltd, Kolkata

In the result, all the captioned appeals of the revenue are dismissed

ITA 1311/KOL/2025[2012-13]Status: DisposedITAT Kolkata27 Oct 2025AY 2012-13

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1290, 1307 & 1308/Kol/2025 Assessment Years: 2010-11, 2011-12 & 2012-13 Dcit, Cc-2(1), Kolkata.…………………………………………….…….……Appellant Vs. Frankdeal Tradcom Pvt. Ltd..………………………...………...……...…..…..Respondent 6D, Shyamkunj, 12C Lord Sinha Road, Kol- 7. [Pan: Aabcf1099A] Ita Nos.1309, 1310 & 1311/Kol/2025 Assessment Years: 2010-11, 2011-12 & 2012-13 Dcit, Cc-2(1), Kolkata.…………………………………………….…….……Appellant Vs. Amanat Trade Comm Pvt. Ltd..………………………...………...……...…..…..Respondent 6D, Shyamkunj, 12C Lord Sinha Road, Kol- 7. [Pan: Aagca3278H] Appearances By: Shri Raja Sengupta, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 14, 2025 Date Of Pronouncing The Order : October 27, 2025 Order Per Pradip Kumar Choubey: All The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2010-11, 2011-12 & 2012-13 Against Separate Orders Of The Commissioner Of Income Tax (Appeals)-26, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In All The Appeals Are Common & Relate To The Same Search Operation, Therefore, These Appeals Have Been Heard Together & Are

Section 132Section 139(1)Section 143(1)Section 143(2)Section 153ASection 250Section 68Section 69C

Court passed in the case of PCIT vs. Abhisar Buildwell Pvt. Ltd. reported in (2023) 459 ITR 212 dated 24.04.2023 as there was no incriminating material unearthed during the search. 5. Aggrieved and dissatisfied, the revenue filed the present appeal before us by taking following grounds of appeal: ITA Nos.1290 ... part of tally accounts record maintained by the assessee in the regular books of account and that cannot be treated as an incriminating material. The ld. AR further submits that there is no denying of this fact that the assessment u/s 153A of the Act falls in an unabated assessment

DCIT, CC-2(1), Kolkata vs. Amanat Trade Comm Pvt Ltd, Kolkata

In the result, all the captioned appeals of the revenue are dismissed

ITA 1310/KOL/2025[2011-12]Status: DisposedITAT Kolkata27 Oct 2025AY 2011-12

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1290, 1307 & 1308/Kol/2025 Assessment Years: 2010-11, 2011-12 & 2012-13 Dcit, Cc-2(1), Kolkata.…………………………………………….…….……Appellant Vs. Frankdeal Tradcom Pvt. Ltd..………………………...………...……...…..…..Respondent 6D, Shyamkunj, 12C Lord Sinha Road, Kol- 7. [Pan: Aabcf1099A] Ita Nos.1309, 1310 & 1311/Kol/2025 Assessment Years: 2010-11, 2011-12 & 2012-13 Dcit, Cc-2(1), Kolkata.…………………………………………….…….……Appellant Vs. Amanat Trade Comm Pvt. Ltd..………………………...………...……...…..…..Respondent 6D, Shyamkunj, 12C Lord Sinha Road, Kol- 7. [Pan: Aagca3278H] Appearances By: Shri Raja Sengupta, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 14, 2025 Date Of Pronouncing The Order : October 27, 2025 Order Per Pradip Kumar Choubey: All The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2010-11, 2011-12 & 2012-13 Against Separate Orders Of The Commissioner Of Income Tax (Appeals)-26, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In All The Appeals Are Common & Relate To The Same Search Operation, Therefore, These Appeals Have Been Heard Together & Are

Section 132Section 139(1)Section 143(1)Section 143(2)Section 153ASection 250Section 68Section 69C

Court passed in the case of PCIT vs. Abhisar Buildwell Pvt. Ltd. reported in (2023) 459 ITR 212 dated 24.04.2023 as there was no incriminating material unearthed during the search. 5. Aggrieved and dissatisfied, the revenue filed the present appeal before us by taking following grounds of appeal: ITA Nos.1290 ... part of tally accounts record maintained by the assessee in the regular books of account and that cannot be treated as an incriminating material. The ld. AR further submits that there is no denying of this fact that the assessment u/s 153A of the Act falls in an unabated assessment

DCIT, CC -2(1), Kolkata vs. Amanat Trade Comm Pvt Ltd, Kolkata

In the result, all the captioned appeals of the revenue are dismissed

ITA 1309/KOL/2025[2010-11]Status: DisposedITAT Kolkata27 Oct 2025AY 2010-11

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1290, 1307 & 1308/Kol/2025 Assessment Years: 2010-11, 2011-12 & 2012-13 Dcit, Cc-2(1), Kolkata.…………………………………………….…….……Appellant Vs. Frankdeal Tradcom Pvt. Ltd..………………………...………...……...…..…..Respondent 6D, Shyamkunj, 12C Lord Sinha Road, Kol- 7. [Pan: Aabcf1099A] Ita Nos.1309, 1310 & 1311/Kol/2025 Assessment Years: 2010-11, 2011-12 & 2012-13 Dcit, Cc-2(1), Kolkata.…………………………………………….…….……Appellant Vs. Amanat Trade Comm Pvt. Ltd..………………………...………...……...…..…..Respondent 6D, Shyamkunj, 12C Lord Sinha Road, Kol- 7. [Pan: Aagca3278H] Appearances By: Shri Raja Sengupta, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 14, 2025 Date Of Pronouncing The Order : October 27, 2025 Order Per Pradip Kumar Choubey: All The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2010-11, 2011-12 & 2012-13 Against Separate Orders Of The Commissioner Of Income Tax (Appeals)-26, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In All The Appeals Are Common & Relate To The Same Search Operation, Therefore, These Appeals Have Been Heard Together & Are

Section 132Section 139(1)Section 143(1)Section 143(2)Section 153ASection 250Section 68Section 69C

Court passed in the case of PCIT vs. Abhisar Buildwell Pvt. Ltd. reported in (2023) 459 ITR 212 dated 24.04.2023 as there was no incriminating material unearthed during the search. 5. Aggrieved and dissatisfied, the revenue filed the present appeal before us by taking following grounds of appeal: ITA Nos.1290 ... part of tally accounts record maintained by the assessee in the regular books of account and that cannot be treated as an incriminating material. The ld. AR further submits that there is no denying of this fact that the assessment u/s 153A of the Act falls in an unabated assessment

DCIT, CC-2(1), Kolkata vs. Frankdeal Tracom Pvt Ltd, Kolkata

In the result, all the captioned appeals of the revenue are dismissed

ITA 1308/KOL/2025[2012-13]Status: DisposedITAT Kolkata27 Oct 2025AY 2012-13

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1290, 1307 & 1308/Kol/2025 Assessment Years: 2010-11, 2011-12 & 2012-13 Dcit, Cc-2(1), Kolkata.…………………………………………….…….……Appellant Vs. Frankdeal Tradcom Pvt. Ltd..………………………...………...……...…..…..Respondent 6D, Shyamkunj, 12C Lord Sinha Road, Kol- 7. [Pan: Aabcf1099A] Ita Nos.1309, 1310 & 1311/Kol/2025 Assessment Years: 2010-11, 2011-12 & 2012-13 Dcit, Cc-2(1), Kolkata.…………………………………………….…….……Appellant Vs. Amanat Trade Comm Pvt. Ltd..………………………...………...……...…..…..Respondent 6D, Shyamkunj, 12C Lord Sinha Road, Kol- 7. [Pan: Aagca3278H] Appearances By: Shri Raja Sengupta, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 14, 2025 Date Of Pronouncing The Order : October 27, 2025 Order Per Pradip Kumar Choubey: All The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2010-11, 2011-12 & 2012-13 Against Separate Orders Of The Commissioner Of Income Tax (Appeals)-26, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In All The Appeals Are Common & Relate To The Same Search Operation, Therefore, These Appeals Have Been Heard Together & Are

Section 132Section 139(1)Section 143(1)Section 143(2)Section 153ASection 250Section 68Section 69C

Court passed in the case of PCIT vs. Abhisar Buildwell Pvt. Ltd. reported in (2023) 459 ITR 212 dated 24.04.2023 as there was no incriminating material unearthed during the search. 5. Aggrieved and dissatisfied, the revenue filed the present appeal before us by taking following grounds of appeal: ITA Nos.1290 ... part of tally accounts record maintained by the assessee in the regular books of account and that cannot be treated as an incriminating material. The ld. AR further submits that there is no denying of this fact that the assessment u/s 153A of the Act falls in an unabated assessment

DCIT, CC-2(1), Kolkata vs. Frankdeal Tracom Pvt. Ltd., Kolkata

In the result, all the captioned appeals of the revenue are dismissed

ITA 1307/KOL/2025[2011-12]Status: DisposedITAT Kolkata27 Oct 2025AY 2011-12

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1290, 1307 & 1308/Kol/2025 Assessment Years: 2010-11, 2011-12 & 2012-13 Dcit, Cc-2(1), Kolkata.…………………………………………….…….……Appellant Vs. Frankdeal Tradcom Pvt. Ltd..………………………...………...……...…..…..Respondent 6D, Shyamkunj, 12C Lord Sinha Road, Kol- 7. [Pan: Aabcf1099A] Ita Nos.1309, 1310 & 1311/Kol/2025 Assessment Years: 2010-11, 2011-12 & 2012-13 Dcit, Cc-2(1), Kolkata.…………………………………………….…….……Appellant Vs. Amanat Trade Comm Pvt. Ltd..………………………...………...……...…..…..Respondent 6D, Shyamkunj, 12C Lord Sinha Road, Kol- 7. [Pan: Aagca3278H] Appearances By: Shri Raja Sengupta, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 14, 2025 Date Of Pronouncing The Order : October 27, 2025 Order Per Pradip Kumar Choubey: All The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2010-11, 2011-12 & 2012-13 Against Separate Orders Of The Commissioner Of Income Tax (Appeals)-26, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In All The Appeals Are Common & Relate To The Same Search Operation, Therefore, These Appeals Have Been Heard Together & Are

Section 132Section 139(1)Section 143(1)Section 143(2)Section 153ASection 250Section 68Section 69C

Court passed in the case of PCIT vs. Abhisar Buildwell Pvt. Ltd. reported in (2023) 459 ITR 212 dated 24.04.2023 as there was no incriminating material unearthed during the search. 5. Aggrieved and dissatisfied, the revenue filed the present appeal before us by taking following grounds of appeal: ITA Nos.1290 ... part of tally accounts record maintained by the assessee in the regular books of account and that cannot be treated as an incriminating material. The ld. AR further submits that there is no denying of this fact that the assessment u/s 153A of the Act falls in an unabated assessment

DCIT, CC-2(1), Kolkata vs. Frankdeal Tracom Pvt Ltd, Kolkata

In the result, all the captioned appeals of the revenue are dismissed

ITA 1290/KOL/2025[2010-11]Status: DisposedITAT Kolkata27 Oct 2025AY 2010-11

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1290, 1307 & 1308/Kol/2025 Assessment Years: 2010-11, 2011-12 & 2012-13 Dcit, Cc-2(1), Kolkata.…………………………………………….…….……Appellant Vs. Frankdeal Tradcom Pvt. Ltd..………………………...………...……...…..…..Respondent 6D, Shyamkunj, 12C Lord Sinha Road, Kol- 7. [Pan: Aabcf1099A] Ita Nos.1309, 1310 & 1311/Kol/2025 Assessment Years: 2010-11, 2011-12 & 2012-13 Dcit, Cc-2(1), Kolkata.…………………………………………….…….……Appellant Vs. Amanat Trade Comm Pvt. Ltd..………………………...………...……...…..…..Respondent 6D, Shyamkunj, 12C Lord Sinha Road, Kol- 7. [Pan: Aagca3278H] Appearances By: Shri Raja Sengupta, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 14, 2025 Date Of Pronouncing The Order : October 27, 2025 Order Per Pradip Kumar Choubey: All The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2010-11, 2011-12 & 2012-13 Against Separate Orders Of The Commissioner Of Income Tax (Appeals)-26, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In All The Appeals Are Common & Relate To The Same Search Operation, Therefore, These Appeals Have Been Heard Together & Are

Section 132Section 139(1)Section 143(1)Section 143(2)Section 153ASection 250Section 68Section 69C

Court passed in the case of PCIT vs. Abhisar Buildwell Pvt. Ltd. reported in (2023) 459 ITR 212 dated 24.04.2023 as there was no incriminating material unearthed during the search. 5. Aggrieved and dissatisfied, the revenue filed the present appeal before us by taking following grounds of appeal: ITA Nos.1290 ... part of tally accounts record maintained by the assessee in the regular books of account and that cannot be treated as an incriminating material. The ld. AR further submits that there is no denying of this fact that the assessment u/s 153A of the Act falls in an unabated assessment

DCIT CC-8(2), Mumbai vs. Niru Dhiren Shah, Mumbai

In the result, the appeal of the Revenue is dismissed

ITA 4294/MUM/2025[2022-23]Status: DisposedITAT Mumbai27 Oct 2025AY 2022-23

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankardeputy Commissioner Of Income V/S. Niru Dhiren Shah Tax, Central Circle – 8(2) बनाम 3Rd Floor, Flat No. 35, Jolly Room No. 658, 6Th Floor, Maker Apartment, No. 3 Aayakar Bhavan, M.K. Road, 119, Cuffe Parade, Colaba, Churchgate, Mumbai –400020, Mumbai – 400 005, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aanps7632R Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Dr. K. Shivaram, Sr. Adv. & Ms. Neelam JadhavFor Respondent: Shri Leyaqat Ali Aafaqui, (Sr.AR)
Section 132Section 143(3)Section 69Section 69A

contentions as made before the ld.CIT(A).It is stated that whatsapp chat did not involve the assessee in any manner. Moreover, no incriminating materials were seized to support the view of the AO during search operations. As regard the decision in the case of Giriraj Pugalia (supra ... stated that in the said case, the proceedings were upheld as the incriminating material comprised specific, corroborated, and directly connected evidence. The Court held that WhatsApp chats, if specific, transaction-related, and duly corroborated by other material, would qualify as "documents" under Section 153C of the Act, thereby justifying initiation