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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)

Irm Private Limited, Ahmedabad vs. The DCIT, Circle-2(1)(1), Ahmedabad

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

ITA 1590/AHD/2024[2011-12]Status: DisposedITAT Ahmedabad10 Jun 2025AY 2011-12

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No. 1590/Ahd/2024 िनधा"रण वष" /Assessment Year : 2011-12 Irm Private Limited, The Deputy Commissioner Irm House, बनाम/ Of Income Tax, V/S. Off. C.G Raod, Circle 2(1)(1), Navrangpura, Ahmedabad. Ahmedabad-380009. "थायी लेखा सं./Pan: Aaaci3678M अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Bandish Soparkar, Ar Revenue By : Shri Abhijit, Sr-Dr

For Appellant: Shri Bandish Soparkar, ARFor Respondent: Shri Abhijit, SR-DR
Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 144Section 147Section 148Section 14ASection 194HSection 194J

single month was recorded in the NMS data. (iii) That information was received from ITO, Jalandhar (vide letter dated 16.03.2017 under section 133(6)) in the case of Shri Hemant Srivastava, an employee of the amalgamated company, showing that Rs. 10,12,600/- was deposited into the bank account ... relevant assessment year—on the basis of information sourced from the ITS system, NMS software, and a report from the ITO, Jalandhar under section 133(6). These inputs suggested that Green Channel Travel Services Ltd., which had merged into the assessee company pursuant to the scheme of amalgamation sanctioned

Sarika Sajjan Agrawal, Mumbai vs. Income Tax Officer, Ward 42(1)(5), Mumbai

In the result, the appeal filed by the Assessee stands allowed for statistical purposes

ITA 6638/MUM/2024[2012-13]Status: DisposedITAT Mumbai10 Jun 2025AY 2012-13

Bench: Shri Narender Kumar Choudhry & Shri Omkareshwar Chidaraassessment Year: 2012-13 Mrs. Sarika Sajjan Agrawal, Income Tax Officer, 7/538, City End Chs Ltd., Ward 42(1)(5) Gorai Road, Vs. Room No.945, Borivali West, Kautilya Bhavan, Mumbai-400091. Bandra Kurla Complex, Pan: Aftpa1907Q Mumbai – 400051. (Appellant) (Respondent) Present For: Assessee By : Shri Lalchand Choudhary, Ld. C.A. Revenue By : Shri. Manoj Kumar Sinha, Ld.Sr.D.R. Date Of Hearing : 07.04.2025 Date Of Pronouncement : 10.06.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 01.11.2024, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2012-13. 2. In This Case, An Information Was Received From Ddit (Investigation) Unit-8(2), Mumbai Dated 07.03.2019 To The Effect That During The Investigation Carried Out By The Income Tax Department, It Was Found That The Assessee During The Year Under Consideration Has Made Transaction Of Rs.27,73,881/- In A Penny Stock-M/S. Tilak Ventures Ltd., Which Has Been Used To Facilitate Introduction Of Unaccounted Income Of The Members Of The 2 Mrs. Sarika Sajjan Agrawal Beneficiaries In The Form Of Exempt Long Term Capital Gain/Short Term Capital Loss, In Their Books Of Account.

For Appellant: Shri Lalchand Choudhary, Ld. C.AFor Respondent: Shri. Manoj Kumar Sinha, Ld.Sr.D.R
Section 131Section 133(6)Section 144Section 147Section 148Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER AND SHRI OMKARESHWAR

Deputy Commissioner of Income Tax, Central Circle- 3(3), Chennai. vs. M/S. Caterpillar India Pvt. Ltd, Chennai

Appeal is dismissed

ITA 717/CHNY/2023[2014-15]Status: DisposedITAT Chennai06 Jun 2025AY 2014-15

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपीलसं./It(Tp)A No.: 42/Chny/2023 िनधा"रण वष" / Assessment Year: 2014-15 M/S.Caterpillar India Private Limited, The Deputy Commissioner Of 7Th Floor, International Tech Park, Income Tax, Taramani Road, Vs. Central Circle- 3(3), Chennai – 600 113. Chennai – 600 034. [Pan:Aabcc-4615-K] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपीलसं./Ita No.: 717/Chny/2023 िनधा"रण वष" / Assessment Year: 2014-15 The Deputy Commissioner Of Income M/S.Caterpillar India Private Tax, Limited, 7Th Floor, International Tech Park, Central Circle- 3(3), V. Chennai – 600 034. Taramani Road, Chennai – 600 113. [Pan:Aabcc-4615-K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/Assessee By : Shri Harish Ramanathan, C.A. By Virtual ""थ" की ओर से/Department By : Shri A. Sasikumar, C.I.T. सुनवाई की तारीख/Date Of Hearing : 12.03.2025 घोषणा की तारीख/Date Of Pronouncement : 06.06.2025 आदेश /O R D E R Per S. R. Raghunatha, Am: These Cross Appeals Filed By The Assessee & The Revenue Are Arising Out Of Order Of Commissioner Of Income Tax (Appeals)-18, Chennai U/S. 143(3) R.W.S. 92Ca (3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) For The Assessment Year 2014-15 Dated 07.03.2023. Since, Facts Are Identical & Issues Are Common, For :-2-: It(Tp) A. No:42 /Chny/2023 & The Sake Of Convenience, The Appeal Filed By The Revenue & Assessee Are Being Heard Together & Disposed Off, By This Consolidated Order.

For Appellant: Shri Harish Ramanathan, C.A. by VirtualFor Respondent: Shri A. Sasikumar, C.I.T
Section 143(3)Section 153Section 92CSection 92C(3)Section 92D

appellant's request to obtain the capacity utilization data from the comparable companies by virtue of powers vested with the TPO under section 133(6) of the Act as upheld by various Tribunals. Erroneous Rejection of Economic Adjustments - Non Cenvatable Customs Duty Adjustment 3(f) Erred

Deputy Commissioner of Income Tax, Central Circle-2, Ludhiana vs. Sportking India Limited, Village Kanech Gt Road

Appeal stands dismissed

ITA 16/CHANDI/2024[2011]Status: DisposedITAT Chandigarh04 Jun 2025

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 16/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2011-12) Dcit-Central Circle-2 M/S Sportking India Limited बनाम/ Sco 1-6, 3Rd Floor Village Kanech, Gt Road, Sahnewal Vs. Kichlu Nagar, Ludhiana-141001 Khurd, Punjab 141120 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacs-3037-Q (अपीलाथ"/Appellant) (""थ" / Respondent) : & आयकरअपीलसं./ Co No.30/Chandi/2024 (In Ita No.16/Chandi/2024) (िनधा"रणवष" / Assessment Year: 2011-12) M/S Sportking India Limited Dcit-Central Circle-2 बनाम/ Village Kanech, Gt Road, Sco 1-6, 3Rd Floor Vs. Sahnewal Khurd, Punjab 141120 Kichlu Nagar, Ludhiana-141001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacs-3037-Q (अपीलाथ"/Appellant) : (""थ" / Respondent) Assessee By : Shri Ashwani Kumar (Ca) & Ms. Deepali Aggarwal (Ca) – Ld. Ars Revenue By : Smt. Kusum Bansal (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 09-04-2025 घोषणाकीतारीख /Date Of Pronouncement : 04-06-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. The Revenue Is In Further Appeal Before Us For Assessment Year (Ay) 2011-12 Against The Order Of Ld. Commissioner Of Income Tax

For Appellant: Shri Ashwani Kumar (CA) & Ms. DeepaliFor Respondent: Smt. Kusum Bansal (CIT) – Ld. DR
Section 132Section 133(6)Section 143(3)Section 148Section 153ASection 68

1 04-06-2025IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH CHANDIGARH. BEFORE HON’BLE SHRI RAJPAL YADAV, VICE