← All Phrases

“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)

Ditto Dinaharan, Thiruvallur vs. Income Tax Officer, Thiruvallur

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

ITA 2927/CHNY/2024[2012-13]Status: DisposedITAT Chennai23 Jan 2025AY 2012-13

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.2927/Chny/2024 िनधा"रण वष"/Assessment Year: 2012-13 Ditto Dinaharan, Vs. The Income Tax Officer, 16, Dasarpuram Ii Street, Thiruninravur, Ward 2, Tiruvallur 602 024. Tiruvallur. [Pan:Acgpt4614H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Akshit A Jain, Ca ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 21.01.2025 घोषणा की तारीख /Date Of Pronouncement : 23.01.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14.02.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2012-13. 2. We Find That This Appeal Is Filed With A Delay Of 218 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit

For Appellant: Shri Akshit A Jain, CAFor Respondent: Ms. R. Anita, Addl. CIT
Section 133(6)Section 142(1)Section 144Section 148Section 69A

also issued. However, there was no response from the assessee. After verifying the details from the bank statement obtained under section 133(6) of the Act, the Assessing Officer treated the same as unexplained money and added to the total income of the assessee under section

Thamizharasi, Puducherry vs. ITO, Ward 1, Villupuram

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

ITA 2925/CHNY/2024[2017-18]Status: DisposedITAT Chennai23 Jan 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.2925/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Thamizharasi, Vs. The Income Tax Officer, 5, Mohan Nagar, Tirukkanur Salai Ward 1, Kaleetheerthalkuppam, Villupuram. Puducherry 605 107. [Pan:Bfbpt0613M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. D. Nidhi Jain, Ca ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 21.01.2025 घोषणा की तारीख /Date Of Pronouncement : 23.01.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.06.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 79 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We

For Appellant: Ms. D. Nidhi Jain, CAFor Respondent: Ms. R. Anita, Addl. CIT
Section 133(6)

assessee did not file return of income for any assessment years. As per various details collected at various sources under section 133(6) of the Income Tax Act, 1961 [“Act” in short], the Assessing Officer taken entire credits ₹.51,16,561/- [₹.70,70,231–₹.19,53,670] other than cash

Late Chhotalal Vallabhadas Doshi L/H. Heir Smt. Prabhavatiben Chhotalal Doshi, Jamnagar vs. The ITO Ward-1(3), Jamnagar

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

ITA 698/RJT/2024[2008-09]Status: DisposedITAT Rajkot22 Jan 2025AY 2008-09

Bench: Dr. Arjun Lal Saini, Am. & Diesh Mohan Sinha, Jm आयकर अपीलसं./Ita No.698/Rjt/ 2024 ("नधा"रण वष" / Assessment Year: (2008-09) (Hybrid Hearing) Late Chhotalal Vallabhdas Doshi Vs. Ito Ward-1(3), Jamnagar. (Legal Heir Smt. Prabhavatiben Chhotalal Doshi). 505 Ajitnath Apartment, Near Indraprasth Tower, Jamnagar. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acdpd9371Q (Appellant) (Respondent) Appellant By : Shri Dushyant Maharshi, Ld. Ar Respondent By : Shri Shramdeep Sinha, Ld. Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing :23/12/2024 घोषणाक"तार"ख/Date Of Pronouncement :22/01/2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm: Captioned Appeal Filed By The Assessee Is Directed Against The Order Passed By The National Faceless Appeal Centre [(In Short “Nfac/Ld. Cit(A)”] Vide Order Dated 24/07/204, Which In Turn Assessment Order Passed By Assessing Officer Vide Order Dated 22/03/2016 Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (In Short “The Act”). 2. Grounds Of Appeal Raised By The Assessee Are As Under: 1. Hon. Cit(A) Erred In Law As Well As On Facts In Dismissing The Appeal By Contending That No Response Has Been Received From Assessee Although The Response Has Been Submitted Through Samadhan.Faceless.Appeal@Incometax.Gov.In As There Was No Income Tax Registration Due To Death Of The Assessee I.E. Chhotalal Doshi On Ita-698/Rjt/2024 (Ay-2008-09) Late Chhotalal Doshi Vs. Ito Ward-1(3), Jamnagar.

For Appellant: Shri Dushyant Maharshi, Ld. ARFor Respondent: Shri Shramdeep Sinha, Ld. CIT(DR)
Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 151

ITA-698/RJT/2024 (AY-2008-09) Late Chhotalal Doshi Vs. ITO Ward-1(3), Jamnagar. IN THE INCOME TAX APPELLATE