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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)

Rahul Jesmin Seth, Chennai vs. ITO, Ncw-22(5), Tambaram

In the result the appeal of the assessee is allowed for statistical purposes

ITA 307/CHNY/2025[2017-18]Status: DisposedITAT Chennai17 Apr 2025AY 2017-18

Bench: Shri George George K., Vice- & Shri S.R. Raghunathaआयकर अपीलसं./Ita No.: 307/Chny/2025 िनधा"रण वष" / Assessment Year: 2017-18 Rahul Jesmin Seth, Vs. The Income Tax Officer, Flat No. Ef, 15Th Floor, Sapphire Non Corporate Ward –22(5), Block K, Olympia Opaline No. 33, Tambaram, Chennai. Omr Rajiv Gandhi Salai, Navallur, Chennai 603 103. [Pan: Bhsps-7395-L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Shri A. Sasi Kumar, Cit सुनवाई की तारीख/ Date Of Hearing 19.03.2025 : घोषणा की तारीख /Date Of Pronouncement : 17.04.2025 आदेश /O R D E R Per S. R. Raghunatha: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Under Section 250 Of The Income Tax Act, 1961 [“Act” In Short] Dated 23.12.2024 Pertains To The Assessment Year 2017-18. 2. The Assessee Raised 18 Grounds Of Appeal, Amongst Which, Besides Challenging The Exparte Order Of The Ld. Cit(A), The Assessee Also Agitated That The Ld. Cit(A) Is Not Justified In Confirming The Additions Of ₹.27,31,000/- Being The Cash Deposits Made In Sbns During The Demonetization Period

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri A. Sasi Kumar, CIT
Section 10Section 10(14)(ii)Section 133(6)Section 139(1)Section 142(1)Section 144Section 17(2)Section 250Section 69

issued notice under section 142(1) of the Act dated 25.04.2019 calling for certain details. Meanwhile, the Assessing Officer obtained bank statement under section 133(6) of the Act towards cash deposits made during demonetization period. Against the notices issued, the assessee appeared on 12.09.2019 before the Assessing Officer

Kunguman Ganeshan, Chennai vs. ITO, Ncw-11(3), Chennai

In the result the appeal of the assessee is allowed for statistical purposes

ITA 295/CHNY/2025[2017-18]Status: DisposedITAT Chennai17 Apr 2025AY 2017-18

Bench: Shri George George K., Vice- & Shri S.R. Raghunathaआयकरअपीलसं./Ita No.: 295/Chny/2025 िनधा"रणवष" / Assessment Year: 2017-18 Kunguman Ganeshan, Income Tax Officer, 22/59, Mohammed Hussain Street, Vs. Non Corporate Ward -11(3), Royapettah S.O., Royapettah, Chennai 600 006. Chennai 600 014. [Pan: Bgqpg-5503-H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri J. Saravanan, Advocate ""थ"कीओरसे/Respondentby : Shri A. Sasi Kumar, Cit सुनवाईकीतारीख/ Date Of Hearing 18.03.2025 : घोषणाकीतारीख /Date Of Pronouncement : 17.04.2025 आदेश /O R D E R Per S. R. Raghunatha: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 06.11.2024 & Pertains To Assessment Year 2017-18 Under Section 250 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri J. Saravanan, AdvocateFor Respondent: Shri A. Sasi Kumar, CIT
Section 133(6)Section 142(1)Section 250Section 69A

requiring the assessee to file the return of income. Since there was no response from the assessee, by issuing notice under section 133(6) of the Act, the Assessing Officer obtained bank statement and observed that during the demonetization period, the assessee made cash deposits