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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)

Link Commercial Pvt. Ltd., Kolkata vs. I.T.O., Ward - 1(4), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1368/KOL/2024[2011-2012]Status: DisposedITAT Kolkata28 Jan 2025AY 2011-2012

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.1368/Kol/2024 Assessment Year: 2011-12 Link Commercial Pvt. Ltd...………........………………....Appellant C/O Subash Agarwal & Associates, Advocate Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aabcl4354L] Vs. Ito, Ward-1(4), Kolkata…….……….…............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Pradip Biswas, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : October 30, 2024 Date Of Pronouncing The Order : January 28, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 10.06.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Pertaining To Assessment Year 2011-12. 2. In This Appeal, The Assessee Challenged The Validity Of Reopening Proceedings U/S 147/148 Of The Act & The Addition Of Rs.2,02,00,000/- Made U/S 68 Of The Act As Unexplained Cash Credit. 3. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income On 30.03.2012 By Declaring A Total Income Of Rs.35,061/-. The Return Was Processed U/S 143(1) Of The Act. Subsequent To That, The Case Of The Assessee Was Reopened U/S 147 Of The Act & A Notice U/S 148 Of The Act Was Issued On 31.03.2018 After Obtaining Prior Approval

Section 133(6)Section 143(1)Section 147Section 148Section 250Section 68

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

Arti Surana, Howrah vs. I.T.O., Ward - 47(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1405/KOL/2024[2018-2019]Status: DisposedITAT Kolkata27 Jan 2025AY 2018-2019

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.1405/Kol/2024 Assessment Year: 2018-19 Arti Surana………………………………..……………………….....Appellant Flat 5Cd, Block Iv, 5Th Floor, Vivek Vihar, Phase V, 493/C/A, G. T Road (South), Howrah-711101. [Pan: Akcpp7261L] Vs. Ito, Ward-47(1), Kolkata……….……….…............................…..…..... Respondent Appearances By: Shri Rajkumar Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Ashutosh Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 15, 2025 Date Of Pronouncing The Order : January 27, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 29.04.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Her Return Of Income For The Assessment Year 2018-19 By Declaring Total Income Of Rs.3,23,590/-. The Assessing Officer Found The Assessee Has Showed Income Under The Heads Of Short-Term Capital Gain & Other Sources. The Assessee Claimed Exemption Under The Head Of Short-Term Capital Gain From Transaction On Which Securities Transaction Tax Is Paid. However, During The Assessment Proceedings, The Department Received Information Which Indicated That The Assessee Had Traded In Shares Of Amm Ltd. & Eml Scrip Code (538653) To The

Section 133(6)Section 142(1)Section 144Section 147Section 148Section 250Section 250(6)Section 69Section 69A

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