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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

Ameya Plantations Private Limited, Triuvallur vs. ACIT, Dc/Ac Central Circle1 (2) Chennai, Tamilnadu, Chennai

In the result, all the appeals filed by the assessees are allowed

ITA 1460/CHNY/2025[2018-19]Status: DisposedITAT Chennai15 Oct 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1449/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Paramjeet Orchardes Private Vs. The Assistant Commissioner Of Limited, No. 51, Park View Street, Near Income Tax, Gandhi Road, Alwarthirunagar, Central Circle 1(2), Chennai 600 087. Chennai. [Pan:Aafcp1203J] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1450/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Achyuta Plantations Private Vs. The Assistant Commissioner Of Limited, No. 425, 10Th Cross, 18Th Main, Income Tax, Jp Nagar, 2Nd Phase, Jp Nagar, Central Circle 1(2), Bangalore South, Bangalore 560 078. Chennai. [Pan: Aaica7250K] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1452/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Ajitabh Orchardes Private Limited, Vs. The Assistant Commissioner Of Old No. 61, New No. 125, Audiappan Income Tax, Naicken Street, Elephant Gate, Central Circle 1(2), Sowcarpet, Kalaignar Karunanidhi Chennai. Nagar, Chennai 600 079. [Pan: Aakca9419L] (अपीलाथ"/Appellant) (""थ"/Respondent)

taxmann.com 399, it has been held that no addition can be made in respect of unabated assessment in the absence of any incriminating material found during the course of search and prayed to delete the addition made by the Assessing Officer under section ... assessees, is not justified. Therefore, we hold that the addition of share capital has not been made based on an alleged incriminating material found during the search. When there is no capital introduction in the form of share capital, the addition made by the Assessing Officer and confirmed

Bhadrak Agro Farming Pvt. Ltd., Triuvallur vs. ACIT, Central Circle 1(2) Chennai, Chennai

In the result, all the appeals filed by the assessees are allowed

ITA 1459/CHNY/2025[2018-19]Status: DisposedITAT Chennai15 Oct 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1449/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Paramjeet Orchardes Private Vs. The Assistant Commissioner Of Limited, No. 51, Park View Street, Near Income Tax, Gandhi Road, Alwarthirunagar, Central Circle 1(2), Chennai 600 087. Chennai. [Pan:Aafcp1203J] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1450/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Achyuta Plantations Private Vs. The Assistant Commissioner Of Limited, No. 425, 10Th Cross, 18Th Main, Income Tax, Jp Nagar, 2Nd Phase, Jp Nagar, Central Circle 1(2), Bangalore South, Bangalore 560 078. Chennai. [Pan: Aaica7250K] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1452/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Ajitabh Orchardes Private Limited, Vs. The Assistant Commissioner Of Old No. 61, New No. 125, Audiappan Income Tax, Naicken Street, Elephant Gate, Central Circle 1(2), Sowcarpet, Kalaignar Karunanidhi Chennai. Nagar, Chennai 600 079. [Pan: Aakca9419L] (अपीलाथ"/Appellant) (""थ"/Respondent)

taxmann.com 399, it has been held that no addition can be made in respect of unabated assessment in the absence of any incriminating material found during the course of search and prayed to delete the addition made by the Assessing Officer under section ... assessees, is not justified. Therefore, we hold that the addition of share capital has not been made based on an alleged incriminating material found during the search. When there is no capital introduction in the form of share capital, the addition made by the Assessing Officer and confirmed

M/S. Chetan Orchardes Pvt. Ltd., Tiruvallur vs. ACIT, Central Circle-1(2), Chennai

In the result, all the appeals filed by the assessees are allowed

ITA 1458/CHNY/2025[2018-19]Status: DisposedITAT Chennai15 Oct 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1449/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Paramjeet Orchardes Private Vs. The Assistant Commissioner Of Limited, No. 51, Park View Street, Near Income Tax, Gandhi Road, Alwarthirunagar, Central Circle 1(2), Chennai 600 087. Chennai. [Pan:Aafcp1203J] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1450/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Achyuta Plantations Private Vs. The Assistant Commissioner Of Limited, No. 425, 10Th Cross, 18Th Main, Income Tax, Jp Nagar, 2Nd Phase, Jp Nagar, Central Circle 1(2), Bangalore South, Bangalore 560 078. Chennai. [Pan: Aaica7250K] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1452/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Ajitabh Orchardes Private Limited, Vs. The Assistant Commissioner Of Old No. 61, New No. 125, Audiappan Income Tax, Naicken Street, Elephant Gate, Central Circle 1(2), Sowcarpet, Kalaignar Karunanidhi Chennai. Nagar, Chennai 600 079. [Pan: Aakca9419L] (अपीलाथ"/Appellant) (""थ"/Respondent)

taxmann.com 399, it has been held that no addition can be made in respect of unabated assessment in the absence of any incriminating material found during the course of search and prayed to delete the addition made by the Assessing Officer under section ... assessees, is not justified. Therefore, we hold that the addition of share capital has not been made based on an alleged incriminating material found during the search. When there is no capital introduction in the form of share capital, the addition made by the Assessing Officer and confirmed

M/S. Ashwagandha Homes Pvt. Ltd., Telangana vs. ACIT, Central Circle-1(2), Chennai

In the result, all the appeals filed by the assessees are allowed

ITA 1457/CHNY/2025[2018-19]Status: DisposedITAT Chennai15 Oct 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1449/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Paramjeet Orchardes Private Vs. The Assistant Commissioner Of Limited, No. 51, Park View Street, Near Income Tax, Gandhi Road, Alwarthirunagar, Central Circle 1(2), Chennai 600 087. Chennai. [Pan:Aafcp1203J] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1450/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Achyuta Plantations Private Vs. The Assistant Commissioner Of Limited, No. 425, 10Th Cross, 18Th Main, Income Tax, Jp Nagar, 2Nd Phase, Jp Nagar, Central Circle 1(2), Bangalore South, Bangalore 560 078. Chennai. [Pan: Aaica7250K] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1452/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Ajitabh Orchardes Private Limited, Vs. The Assistant Commissioner Of Old No. 61, New No. 125, Audiappan Income Tax, Naicken Street, Elephant Gate, Central Circle 1(2), Sowcarpet, Kalaignar Karunanidhi Chennai. Nagar, Chennai 600 079. [Pan: Aakca9419L] (अपीलाथ"/Appellant) (""थ"/Respondent)

taxmann.com 399, it has been held that no addition can be made in respect of unabated assessment in the absence of any incriminating material found during the course of search and prayed to delete the addition made by the Assessing Officer under section ... assessees, is not justified. Therefore, we hold that the addition of share capital has not been made based on an alleged incriminating material found during the search. When there is no capital introduction in the form of share capital, the addition made by the Assessing Officer and confirmed

M/S, Avanindra Agro Farms Pvt. Ltd., Chennai vs. ACIT, Central Circle-1(2), Chennai

In the result, all the appeals filed by the assessees are allowed

ITA 1456/CHNY/2025[2018-19]Status: DisposedITAT Chennai15 Oct 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1449/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Paramjeet Orchardes Private Vs. The Assistant Commissioner Of Limited, No. 51, Park View Street, Near Income Tax, Gandhi Road, Alwarthirunagar, Central Circle 1(2), Chennai 600 087. Chennai. [Pan:Aafcp1203J] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1450/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Achyuta Plantations Private Vs. The Assistant Commissioner Of Limited, No. 425, 10Th Cross, 18Th Main, Income Tax, Jp Nagar, 2Nd Phase, Jp Nagar, Central Circle 1(2), Bangalore South, Bangalore 560 078. Chennai. [Pan: Aaica7250K] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1452/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Ajitabh Orchardes Private Limited, Vs. The Assistant Commissioner Of Old No. 61, New No. 125, Audiappan Income Tax, Naicken Street, Elephant Gate, Central Circle 1(2), Sowcarpet, Kalaignar Karunanidhi Chennai. Nagar, Chennai 600 079. [Pan: Aakca9419L] (अपीलाथ"/Appellant) (""थ"/Respondent)

taxmann.com 399, it has been held that no addition can be made in respect of unabated assessment in the absence of any incriminating material found during the course of search and prayed to delete the addition made by the Assessing Officer under section ... assessees, is not justified. Therefore, we hold that the addition of share capital has not been made based on an alleged incriminating material found during the search. When there is no capital introduction in the form of share capital, the addition made by the Assessing Officer and confirmed

M/S. Anantram Agro Farms Pvt. Ltd., Tiruvallur vs. ACIT, Central Circle-1(2), Chennai

In the result, all the appeals filed by the assessees are allowed

ITA 1455/CHNY/2025[2018-19]Status: DisposedITAT Chennai15 Oct 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1449/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Paramjeet Orchardes Private Vs. The Assistant Commissioner Of Limited, No. 51, Park View Street, Near Income Tax, Gandhi Road, Alwarthirunagar, Central Circle 1(2), Chennai 600 087. Chennai. [Pan:Aafcp1203J] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1450/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Achyuta Plantations Private Vs. The Assistant Commissioner Of Limited, No. 425, 10Th Cross, 18Th Main, Income Tax, Jp Nagar, 2Nd Phase, Jp Nagar, Central Circle 1(2), Bangalore South, Bangalore 560 078. Chennai. [Pan: Aaica7250K] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1452/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Ajitabh Orchardes Private Limited, Vs. The Assistant Commissioner Of Old No. 61, New No. 125, Audiappan Income Tax, Naicken Street, Elephant Gate, Central Circle 1(2), Sowcarpet, Kalaignar Karunanidhi Chennai. Nagar, Chennai 600 079. [Pan: Aakca9419L] (अपीलाथ"/Appellant) (""थ"/Respondent)

taxmann.com 399, it has been held that no addition can be made in respect of unabated assessment in the absence of any incriminating material found during the course of search and prayed to delete the addition made by the Assessing Officer under section ... assessees, is not justified. Therefore, we hold that the addition of share capital has not been made based on an alleged incriminating material found during the search. When there is no capital introduction in the form of share capital, the addition made by the Assessing Officer and confirmed