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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)

Nova Elevators Private Limited, Mumbai vs. ITO-13(1)(1), Mumbai

In the result, the appeal of the assessee bearing ITA No

ITA 7248/MUM/2025[2014-15]Status: DisposedITAT Mumbai09 Feb 2026AY 2014-15

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokarnova Elevators Private Vs Ito -13(1)(1), Mumbai Limited Maharashtra-400020 402, Dimple Apts., 4E, Asha Nagar, Kandivali East, Mumbai-400101 Pan: Aadcn0305K Appellant Respondent Assessee By : Shri Sharad Patel, Ca Respondent By : Shri Leyaqat Ali Aafaqui, (Sr Ar) Date Of Hearing : 29/01/2026 Date Of Pronouncement : 09/02/2026 O R D E R Per: Anikesh Banerjee (Jm): The Instant Appeal Of The Assessee Filed Against The Order Of The Ld. Commissioner Of Income Tax (Appeal)-51, Mumbai [For Brevity ‘The Ld. Cit(A)], Order Passed Under Section 250 Of The Income Tax Act 1961 (For Brevity ‘The Act’) For Assessment Year 2014-15, Date Of Order 12.09.2025. The Impugned Order Emanated From The Order Of The Ld. Income-Tax Officer Ward-13(1)(1), Mumbai

For Appellant: Shri Sharad Patel, CAFor Respondent: Shri Leyaqat Ali Aafaqui, (SR AR)
Section 133(6)Section 143(2)Section 143(3)Section 147Section 148Section 250Section 68

inadequate and unreasonable; (d) The Assessing Officer relied upon third-party information received from the DCIT (CC)-2(2), Mumbai, and replies under section 133(6) from M/s Yantra Natural Resources Ltd. dated 28.12.2018, without furnishing copies to the assessee; (e) The assessee was neither confronted with such third-party

Blue Chip Financial Services Pvt Ltd, Mumbai vs. Income Tax Officer Ward 12(1)(3), Mumbai

In the result, appeal of the assessee is allowed

ITA 5616/MUM/2025[2012-13]Status: DisposedITAT Mumbai09 Feb 2026AY 2012-13

Bench: Shri Amit Shukla & Shri Girish Agrawalblue Chip Financial Services Vs Income Tax, Circle 12(1)(3) Private Limited Aayakar Bhavan, M.K. Road, 24, Dheeraj Heritage, 3Rd Floor, Churchgate Mumbai - 400020 S.V. Road, Santacruz West, Mumbai 400054 Pan: (Aaacb2087R) Appellant Respondent Present For: Appellant By : Shri Haridas Bhatt, Ca Respondent By : Shri Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 13.11.2025 Date Of Pronouncement : 09.02.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of National Faceless Appeal Centre (Nfac), Delhi Vide Din & Order No. Itba/Nfac/S/250/2025-26/1078465141(1) Dated 14.07.2025 Passed Against Assessment Order U/S. 143(3) R.W.S 147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 30.12.2019 For Ay 2012-13. 2. Grounds Taken By The Assessee Are Reproduced As Under: “A) On The Facts & Circumstances Of The Case & In Law, The Cit(A) Erred In Confirming The Addition Made By The Ao Of The Alleged Unaccounted Money In The Form Of Accommodation Entry From Shell Company M/S Anubhav Commosale Pvt Ltd To The Extent Of Rs 20,00,055/- Treating It As Unexplained Income U/S 68 Of It Act.

For Appellant: Shri Haridas Bhatt, CAFor Respondent: Shri Leyaqat Ali Aafaqui, Sr. DR
Section 131Section 133(6)Section 143(3)Section 148Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT

Thar Stone Expo India Private Limited, Kolkata vs. ITO, Ward 9(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2589/KOL/2025[2013-2014]Status: HeardITAT Kolkata05 Feb 2026AY 2013-2014

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2013-14 Thar Stone Expo India Pvt. Ltd.…..………………….……….……….……Appellant P-4A, Kalakar Street, Kol-7. [Pan: Aaect1290L] Vs. Ito, Ward-9(1), Kolkata…….……...…………………….....……...…..…..Respondent Appearances By: Shri S K Pransukha, Ar, Appeared On Behalf Of The Appellant. Shri S B Chakraborthy, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 14, 2026 Date Of Pronouncing The Order : February 05, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 09.09.2025 Of The National Faceless Appeal Centre (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2013–14. 2. Facts In Brief Are That The Assessee Had Filed His Return Of Income For The A.Y. 2013-14 Declaring A Total Income Of Rs.1,18,320/-. The Assessment Of The Assessee Was Completed U/S 147 R.W.S. 144 R.W.S. 144B Of The Act Determining Total Income Of Rs.91,18,320/- By Making An Addition Of Rs.90,00,000/- U/S 68 Of The Act.

Section 142(1)Section 147Section 250Section 68

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH KOLKATA Before Shri Rajesh

DCIT, Central Circle-4(3), Kolkata vs. Raj Goenka, Kolkata

In the result, the appeal of the revenue is dismissed

ITA 1801/KOL/2025[2022-23]Status: DisposedITAT Kolkata05 Feb 2026AY 2022-23

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2022-23 Dcit, Cc-4(3), Kolkata……...……..……….………….……….……….……Appellant Vs. Raj Goenka…………………………………………..…….....……...…..…..Respondent 10Th Floor Magma House, 24, Park Street Park Street, Kol-16. [Pan: Adlpg8181C] Appearances By: Shri S B Chakraborthy, Addl. Cit, Appeared On Behalf Of The Appellant. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 04, 2025 Date Of Pronouncing The Order : February 05, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Revenue Is Directed Against The Order Dated 12.04.2025 Of The Cit(Appeals)-27, Kolkata (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2022–23. 2. The Appeal Has Been Filed By The Revenue With A Delay Of 08 Days. The Revenue Has Filed A Petition For Condonation Of The Delay. After Considering The Reasons Cited In The Petition For Condonation Of Delay, We Find That The Reasons Are Valid & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

Section 127Section 132(1)Section 139Section 143(1)Section 143(2)Section 143(3)Section 250Section 68

details of which were furnished by the assessee. More importantly, the Commissioner noted that all these companies responded to the notices issued under section 133(6) which fact has not been denied by the Assessing Officer. On going through the records and the net worth of the lender companies ... effect of the statement of AKA also took note of the fact that the notices which were issued by the Assessing Officer under section 133(6) to the lenders where duly acknowledged and all the lenders confirmed the loan transactions by filing the documents which were placed before the tribunal