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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

Paramjeet Singh, Yamuna Nagar vs. DCIT/ACIT, Central Circle (2), Chandigarh, DCIT/ACIT(Cen)-2

Appeal stands dismissed

ITA 204/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh08 Oct 2025AY 2018-19

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 204/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2018-19) Shri Paramjeet Singh Dcit-Central Circle-2 बनाम/ (C/O Rajiv Goel & Associates) Sector-17 Sco No 823-24, Sector 22-A Chandigarh-160017 Vs. Chandigarh-160022 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Astps-8898-R (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Dhruv Goel(Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal (Cit) -Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 18-09-2025 घोषणाकीतारीख /Date Of Pronouncement : 08/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)- 3, Gurgaon [Cit(A)] Dated 26-09-2022 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 153A Of The Act On 23-06-2021. The Sole Grievance Of The Assessee Is Confirmation Of Addition Of Rs.82.18 Lacs. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Shri Dhruv Goel(CA) – Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) -Ld. AR
Section 132Section 153ASection 153D

assessee- group having nine entities was subjected to search action by the department u/s 132 on 05-04-2018 wherein digital pen-drive and incriminating material was found. Based on the same, identical assessments were framed on all the entities of the assessee-group. The present appeal was heard along

ACIT, CC-2, Chandigarh vs. M/S Northern Royalty Company, Yamunanagar

Appeal stands dismissed

ITA 730/CHANDI/2022[2018-19]Status: DisposedITAT Chandigarh08 Oct 2025AY 2018-19

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं./ Ita No. 730/Chandi/2022 (िनधा"रण वष" / Assessment Year: 2018-19 Acit-Central Circle 2 M/S Northern Royalty Company बनाम/ Vs. Cr Building Sector 17 603-604, Model Town, Santpura Road Chandigarh-160017 Yamuna Nagar (Haryana) "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aalfn-9130-H (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. Co. No. 38/Chandi/2024 [In Ita No. 730/Chandi/2022 (िनधा"रण वष" / Assessment Year: 2018-19) M/S Northern Royalty Company Acit-Central Circle 2 बनाम/ 603-604, Model Town, Santpura Road Cr Building Sector 17 Vs. Yamuna Nagar (Haryana) Chandigarh-160017 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aalfn-9130-H (Cross-Objector) : (Respondent) Revenue By : Smt. Kusum Bansal (Cit) – Ld. Dr Assessee By : Shri Dhruv Goel (Ca)-Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 18-09-2025 घोषणाकीतारीख /Date Of Pronouncement : 08/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax

For Appellant: Shri Dhruv Goel (CA)-Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) – Ld. DR
Section 132Section 153C

153C was issue to the assessee on 28-09-2020. The Ld. AO made addition on the basis of digital records and other incriminating material found during search which is subject matter of revenue’s appeal as well as cross-objection of the assessee. Similar assessments were framed

ACIT, CC-2, Chandigarh vs. Shri Karaj Singh, Yamuna Nagar

In the result, the revenue’s appeal ITA No

ITA 726/CHANDI/2022[2018-19]Status: DisposedITAT Chandigarh08 Oct 2025AY 2018-19

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं./ Ita No. 726/Chandi/2022 (िनधा"रण वष" / Assessment Year: 2018-19) Acit-Central Circle 2 Shri Karaj Singh बनाम/ Cr Building Sector 17 H. No 1379, Modern Colony, Near Iti Vs. Chandigarh 160017 Yamuna Nagar (Haryana) "ायीलेखासं./जीआइआरसं./Pan/Gir No. Atups-5528-A (अपीलाथ"/Appellant) (""थ" / Respondent) : & 2. Co. No. 16/Chandi/2024 [In Ita No. 726/Chandi/2022 (िनधा"रण वष" / Assessment Year: 2018-19) Shri Karaj Singh Acit-Central Circle 2 बनाम/ H. No 1379, Modern Colony, Near Iti, Cr Building Sector 17 Vs. Yamuna Nagar (Haryana) Chandigarh 160017 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Atups-5528-A (Cross-Objector) : (Respondent) Revenue By : Smt. Kusum Bansal (Cit) – Ld. Dr Assessee By : Shri Dhruv Goel (Ca) - Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 18-09-2025 घोषणाकीतारीख /Date Of Pronouncement : 08/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1.1 Aforesaid Appeal By Revenue For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)- 3, Gurgaon [Cit(A)] Dated 26-09-2022 In The Matter Of An Assessment

For Appellant: Shri Dhruv Goel (CA) - Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) – Ld. DR
Section 143(3)Section 153Section 153ASection 153DSection 68

this legal ground as urged by the assessee was rejected. 3.9 In yet another legal ground, the assessee pleaded that in the absence of incriminating material no such addition could have been made. The same was rejected on the ground that that the addition was made on the basis

Rapolu Kavitha, Hyderabad vs. DCIT., Central Circle-2(1), Hyderabad

In the result, the appeal of the assessee in ITA

ITA 775/HYD/2025[2019-20]Status: DisposedITAT Hyderabad08 Oct 2025AY 2019-20

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No.772/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2019-20) 1. Shri Sunil Kumar Mukka, Warangal. Pan: Bhrpm0791F Vs. Dy. Commissioner Of Income Tax, Central Circle 2(1), Hyderabad. आ.अपी.सं / Ita No.775/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2019-20) 2. Ms. Rapolu Kavitha, Hyderabad. Pan: Agppr3343A (Appellant) Vs. Dy. Commissioner Of Income Tax, Central Circle 2(1), Hyderabad. (Respondent) निर्धारिती द्वारा / Assessees By: Shri C. Srinivasa Rao, C.A. राजस्व द्वारा / Revenue By: Dr. Sachin Kumar, Sr-Dr सुनवाई की तारीख / Date Of Hearing: 16/09/2025 घोषणा की तारीख / Pronouncement: 08/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M. : These Appeals Are Filed By Shri Sunil Kumar Mukka & Ms. Rapolu Kavitha ("The Assessees”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Hyderabad-12 (“Ld. Cit(A)”), Both Dated 05.03.2025 For The A.Y. 2019-20. Since The Grounds Raised By The Assessees Are Identical, They Are Heard Together & One Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity.

For Respondent: Dr. Sachin Kumar, SR-DR
Section 143(2)Section 153CSection 69

loose sheet found from the premises of a third party. Such document, not seized from the assessee's premises, cannot be considered incriminating material in assessee's case without any corroborative evidence. In support, reliance was placed on the judgment of the Hon'ble Supreme Court

Sunil Kumar Mukka, Warangal vs. DCIT., Central Circle-2(1), Hyderabad

In the result, the appeal of the assessee in ITA

ITA 772/HYD/2025[2019-20]Status: DisposedITAT Hyderabad08 Oct 2025AY 2019-20

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No.772/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2019-20) 1. Shri Sunil Kumar Mukka, Warangal. Pan: Bhrpm0791F Vs. Dy. Commissioner Of Income Tax, Central Circle 2(1), Hyderabad. आ.अपी.सं / Ita No.775/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2019-20) Vs. Dy. Commissioner Of Income Tax, Central Circle 2(1), 2. Ms. Rapolu Kavitha, Hyderabad. Pan: Agppr3343A Hyderabad. (Appellant) (Respondent) निर्धारिती द्वारा / Assessees By: Shri C. Srinivasa Rao, C.A. राजस्व द्वारा / Revenue By: Dr. Sachin Kumar, Sr-Dr सुनवाई की तारीख / Date Of Hearing: 16/09/2025 घोषणा की तारीख / Pronouncement: 08/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M. : These Appeals Are Filed By Shri Sunil Kumar Mukka & Ms. Rapolu Kavitha ("The Assessees\”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Hyderabad-12 (“Ld. Cit(A)"), Both Dated 05.03.2025 For The A.Y. 2019-20. Since The Grounds Raised By The Assessees Are Identical, They Are Heard Together & One Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity.

For Respondent: Dr. Sachin Kumar, SR-DR
Section 143(2)Section 153CSection 69

loose sheet found from the premises of a third party. Such document, not seized from the assessee's premises, cannot be considered incriminating material in assessee's case without any corroborative evidence. In support, reliance was placed on the judgment of the Hon'ble Supreme Court