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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

Assistant Commissioner of Income Tax, Central Circle-4, Jaipur vs. Vijay Kumar Sancheti, Jaipur

Appeals are hereby dismissed being not maintainable

ITA 945/JPR/2025[2016-17]Status: DisposedITAT Jaipur08 Oct 2025AY 2016-17

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं. / ITA. No.943 to 945/JPR/2025 निर्धारण वर्ष / Assessment Years : 2014-15 to 2016-17 | The ACIT, Central Circle-4, Jaipur. | बनाम | Vs. | विजय कुमार संचेती D-43, सुभास मार्ग, Scheme, Jaipur. | C- | प्रत्यर्थी / Respondent स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AEVPS8687Q अपीलार्थी / Appellant निर्धारिती की ओर से / Assessee by : Shri Mukesh Soni, Advocate राजस्व की ओर से / Revenue by : Mrs. Anita Rinesh

For Appellant: Shri Mukesh Soni, AdvocateFor Respondent: Mrs. Anita Rinesh, JCIT-DR a
Section 143Section 147Section 148Section 153ASection 153C

Relevant portion reads as under:- "23. The reasons supplied in case in hand for initiation of proceedings under Section 147/148 are based on the incriminating material and documents including Pen Drives seized during the search carried out of the Manihar Group and the statements recorded during proceedings. From the information ... lacks merit and shall defeat the concept of single assessment order for each of relevant preceding years for assessing 'total income' in case of incriminating material found during search or requisition. 30. The argument that by enactment of Section 153A to 153D has not eclipsed Section 148 does not enhance

Assistant Commissioner of Income Tax, Central Circle-4, Jaipur vs. Vijay Kumar Sancheti, Jaipur

Appeals are hereby dismissed being not maintainable

ITA 944/JPR/2025[2015-16]Status: DisposedITAT Jaipur08 Oct 2025AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं. / ITA. No.943 to 945/JPR/2025 निर्धारण वर्ष / Assessment Years : 2014-15 to 2016-17 | The ACIT, Central Circle-4, Jaipur. | बनाम Vs. | Vijay Kumar Sancheti D-43, Subhash Marg, C- Scheme, Jaipur. | प्रत्यर्थी / Respondent स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AEVPS8687Q अपीलार्थी / Appellant निर्धारिती की ओर से / Assessee by : Shri Mukesh Soni, Advocate राजस्व की ओर से / Revenue by : Mrs. Anita Rinesh

For Appellant: Shri Mukesh Soni, AdvocateFor Respondent: Mrs. Anita Rinesh, JCIT-DR a
Section 143Section 147Section 148Section 153ASection 153C

Relevant portion reads as under:- "23. The reasons supplied in case in hand for initiation of proceedings under Section 147/148 are based on the incriminating material and documents including Pen Drives seized during the search carried out of the Manihar Group and the statements recorded during proceedings. From the information ... lacks merit and shall defeat the concept of single assessment order for each of relevant preceding years for assessing 'total income' in case of incriminating material found during search or requisition. 30. The argument that by enactment of Section 153A to 153D has not eclipsed Section 148 does not enhance