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“Section 133(6)”

Section References (mined)Section 133Section 133(6)6,687 judgments

The decision most relied on for Section 133(6) is CIT v. Simit P. Sheth (356 ITR 451), cited in 1,465 judgments on BharatTax.

Leading authorities on Section 133(6)

CIT v. Simit P. Sheth
356 ITR 451 · 2013 · High Court
1,465
citing judgments

Additions for alleged bogus purchases should be restricted to the profit element, not the entire turnover. The profit element is often estimated at 12.5% of the purported bogus purchases.

CIT v. Orissa Corporation Pvt. Ltd.
159 ITR 78 · 1986 · Supreme Court
897
citing judgments

When an assessee provides the identity and address of a creditor or investor for a cash credit or share capital under Section 68, the burden shifts to the Department to establish lack of genuineness or creditworthiness, requiring it to conduct further inquiries; mere non-compliance by third parties to summons cannot be the sole basis for an adverse inference against the assessee.

Raymond Woollen Mills Ltd. v. ITO
236 ITR 34 · 1999 · Supreme Court
862
citing judgments

For reassessment proceedings under Section 148, the Assessing Officer only needs prima facie material to have a reason to believe income has escaped assessment. Conclusive proof or evaluation of the sufficiency and correctness of such material is not required at the stage of issuing the notice.

CIT v. Lovely Exports (P) Ltd.
216 CTR 195 · 2008 · Supreme Court
854
citing judgments

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

CIT v. Tata Elxsi Ltd.
349 ITR 98 · 2012 · High Court
818
citing judgments

When computing deduction under Section 10A, if communication or telecommunication expenses are excluded from export turnover, they must also be excluded from total turnover to maintain consistency and apply the ordinary meaning of 'turnover' in context.

CIT v. Bholanath Poly Fab. Pvt. Ltd.
355 ITR 290 · 2013 · High Court
712
citing judgments

If an assessee makes purchases from bogus parties, but the underlying goods are genuinely acquired and sold, only the profit margin embedded in such purchases, and not the entire value of the bogus purchases, should be added to the assessee's income.

(Central)-1 v. NRA Iron & Steel (P) Ltd.
103 Taxmann.com 48 · 2019 · Supreme Court
696
citing judgments

When assessing cash credits, share capital, or loans, the assessee bears the onus to prove the identity, creditworthiness, and genuineness of transactions. This burden is not discharged merely by documentary evidence if field inquiries reveal accommodation entries or dealings with paper/shell companies.

CIT v. Daulat Ram Rawatmull
87 ITR 349 · 1973 · Supreme Court
525
citing judgments

The onus to prove that an apparent transaction or explanation is not real lies with the person who claims it to be so. If an assessee provides a plausible explanation for a transaction, the revenue must establish that the apparent transaction is not genuine.

Judgments citing Section 133(6)

Delta Dealers Private Limited, Kolkata vs. Income Tax Officer Ward 6(3), Kolkata

ITA 650/KOL/2024[2009-10]Status: DisposedITAT Kolkata30 Jun 2025AY 2009-10

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.650/Kol/2024 Assessment Year: 2009-10 Delta Dealers Pvt. Ltd…………………………………………...….……….Appellant Baltikuri, Kalitala, P.O. Dasnagar, Howrah-711113. [Pan: Aaccd9633P] Vs. Ito, Ward-6(3), Kolkata.………….......................……........……...…..…..Respondent Appearances By: Shri Akshay Ringasia, C.A & Taraknath Jaiswal, Advocate, Appeared On Behalf Of The Assessee. Shri Raja Sengupta, Cit, Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 14, 2025 Date Of Pronouncing The Order : June 30, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee Is Directed Against The Order Dated 27.09.2023 Passed By The National Faceless Appeal Centre [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’] For The Assessment Year 2009-10. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2009-10 Under The Name Of Orange Merchants Pvt. Ltd. Being Its Pan No.Aabco0792P. The Return Of The Assessee Initially Processed U/S 143(1) Of The Act. Subsequently, The Case Of The Assessee Was Reopened U/S 147 Of The Act & The Assessee Complied To The Notices & Assessment Order Was Framed By Determining Total Income Of Rs.45,500/-. Immediately, Thereafter The Said Assessment Order Was Set Aside By The Ld. Pcit, Kolkata-2 By Exercising His Revisionary Jurisdiction U/S 263 Of The Act. In Consequence To That, Notice U/S 142(1) Of The Act Was Issued To The Assessee Directing The Assessee To Submit Detailed Information Regarding The Shareholders Along With Supported Evidences In Respect Of Share Capital & Share

Section 131Section 142(1)Section 143(1)Section 147Section 263Section 68

done a thorough and elaborate examination of the facts. It also took note of the response filed to the notices issued under Section 133(6) of the Act. Thereafter it proceeded to examine the resource and surplus of the companies which had subscribed to the shares of the assessee company

Praveena, Chennai vs. ITO, Ncq-8(5), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 804/CHNY/2025[2017-18]Status: DisposedITAT Chennai30 Jun 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.804/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Praveena, Vs. The Income Tax Officer, No. 33/5, Kulakarai 2Nd Street, Non Corporate Ward 8(5), Poonamallee, Chennai 600 056. Chennai. [Pan:Cyqpp5147R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Anandd Babunatha, F.C.A. ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 03.06.2025 घोषणा की तारीख /Date Of Pronouncement : 30.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.01.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. The Assessee Raised 5 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Addition Made By The Assessing Officer Under 2

For Appellant: Shri Anandd Babunatha, F.C.AFor Respondent: Ms. R. Anita, Addl. CIT
Section 133(6)Section 142(1)Section 144Section 69A

assessee to file return of income, but, however, the assessee did not comply with the same. From the bank statement obtained under section 133(6) of the Act, the Assessing Officer noted that the assessee made cash deposits of ₹.23,00,000/- other than cash credit

Sethu Pillai Nagalingam, Thiruvarur vs. ITO, Ward-1, Thiruvarur

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1241/CHNY/2025[2017-18]Status: DisposedITAT Chennai30 Jun 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1241/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Sethu Pillai Nagalingam, Vs. The Income Tax Officer, No. 6, Anna Square, Ward 1, Thiruvarur 610 001. Tiruvarur. [Pan:Aadpn3943J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri J. Saravanan, Advocate ""थ" की ओर से/Respondent By : Shri Vijay Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 18.06.2025 घोषणा की तारीख /Date Of Pronouncement : 30.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.02.2025 Passed By The Addl. Jcit(A)-7, Delhi For The Assessment Year 2017-18. 2. The Assessee Raised 8 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Addition Made By The Assessing Officer On Account Of Treating Cash Deposits During Demonetization Period As 2

For Appellant: Shri J. Saravanan, AdvocateFor Respondent: Shri Vijay Kumar, JCIT
Section 133(6)Section 143(1)Section 143(3)Section 68

deposit during the year. Against statutory notices, the assessee filed the details as called for. The Assessing Officer also obtained bank statement under section 133(6) of the Act. On verification of the bank statement, the Assessing Officer asked the assessee to explain the source for cash deposits